Murder suspect’s lawyer withdraws over online video

Defence counsel’s client posts Crown disclosure on Facebook under pseudonym

Giving his murder-suspect client a video containing Crown disclosure, which the accused then posted on Facebook, has a Calgary lawyer in hot water.

Jared Craig withdrew as counsel for Saad Osman on Monday on the advice of senior criminal lawyer Alain Hepner.

Hepner told court he told Craig he should remove himself from the case and report himself to the Law Society of Alberta after the video surfaced online Feb. 4.

Osman and two brothers, Julius and Theo Wheyee, are charged with second-degree murder in connection with the Sept. 18, 2015, death of Mohammed Saqib, whose body was found in a burned out vehicle north of Airdrie.

Defence counsel Adriano Iovinelli told Justice Glen Poelman the video, which was discovered by Crown prosecutor Vince Pingitore, contained information which he is concerned could prejudice his client.

“There is a concern in relation to what was posted on Facebook, who has seen it,” he said.

“In the video there is a white board,” said Iovinelli, who acts for Julius Wheyee. “There are pictures of the accused, there are pictures of the witnesses, there are pictures of the deceased, there are pictures of a burnt out vehicle, there are pictures of the crime scene that was all posted on Facebook,” he told Poelman.

Hepner said Craig produced the video and gave a copy of it to Osman on a USB stick and the client subsequently posted it online under a pseudonym.

“Crown counsel was able to (access) confidential disclosure on Facebook,” Hepner said.

The veteran criminal lawyer said Craig, who has only been a member of the bar for a year and a half, took on more than he should have and became “too close to the client.”

“I told him he was too close to the file and he should seek leave (of the court) to get off the record,” Hepner said.

“It was an error in judgment.” Osman told Poelman the blame should rest on him and he wanted Craig to stay on as his lawyer.

“It’s something I did,” he said. “I made a mistake. I shouldn’t have.”

He said he doesn’t trust anyone other than Craig to handle his case, which goes to trial April 9.

Osman said the privacy settings on the Facebook page he created should only have allowed his friends to see it and even then they would require his permission to view the video.

But lead Crown counsel Doug Taylor said he hasn’t had a Facebook profile for more than a decade and he was able to access the video without any problem.

Taylor said the police discovered the Facebook account Osman was using and the Crown had been periodically monitoring it.

“We have noticed there, at times, have been things posted on that Facebook account,” he told Poelman.

Despite Osman’s objections, Poelman allowed Craig to be removed from the record and he suggested Osman look quickly for a new lawyer. But Osman said he doesn’t want one. “The general public will be my lawyer,” he said.

Under disclosure agreements with the Crown, defence lawyers undertake not to share the information with third parties.

The case is back in court Friday.

I told him he was too close to the file and he should seek leave (of the court) to get off the record.