June judgment in murder trial

Two teens face second-degree murder charges in Limeridge Road stabbing

Two teens charged with second-degree murder in a Limeridge Road West parking lot brawl that led to the stabbing death of Ali Mohummad will learn their fate in June.

The 19-year-old was killed and several others hurt during a confrontation between two groups in a plaza at 310 Limeridge Rd. W. early on July 19, 2020. The groups met amid a simmering conflict over “disrespect” between the two teens on trial and Mohummad’s older brother, Hamza Chaudry, who was also stabbed in the melee.

The accused pair, who cannot be named because they were 17 at the time, admit to being at the parking lot. But their lawyers say they thought it was a consensual fight and had no knowledge of what was going to happen.

The prosecution has argued it was a co-ordinated ambush.

During the final day of closing submissions Tuesday, assistant Crown attorney Alannah Grady argued that if Ontario Court Justice Bernd Zabel does not find them guilty of second-degree murder, the court can find the pair guilty of manslaughter.

“Both co-ordinated and recruited a large attacking group,” she said. “They participated in group attack that left four people in the victim group injured, one of them dead.”

If the court finds the pair coordinated the attack with the intent to kill or with the intent to cause bodily harm that they knew was likely to cause death — that’s second-degree murder. If they participated in a group attack in pursuit of committing assault — that’s manslaughan ter, Grady said.

“Yes it’s chaotic, but it’s not random, it’s targeted,” she said of the scene, pointing to video and witness statements that the teens’ group immediately set upon Chaudry and his friends. It doesn’t matter what role they played in the violence — the group is still liable, she said. “The blow of one is the blow of all.”

By the same logic, the teens are also guilty of two counts of a with a weapon, related to three others, including Chaudry, who were hurt, she argued.

However, defence attorney Jaime Stephenson argued that ther there teen was had no evidence any intention that eitt to cause bodily harm or death.

“No court could possibly ... find them guilty of second-degree murder, or manslaughter, or the charges,” she said.

Stephenson and defence lawyer Royland Moriah argued that many of the facts the Crown asked to the court to conclude were speculation and not based on evidence. For instance, one of the teens made a number of calls before the melee that the Crown argued was him recruiting people for the attack, but there is no evidence what the calls were about.

Why was it OK for Chaudry to call friends to the meeting, but not OK for a 17-year-old boy, who is half Chaudry’s size to also call friends? Stephenson sked.

She pointed to messages her client sent after the fight that showed he was confused by what happened, didn’t know everyone who showed up and had no idea what happened to Mohummad. Both the accused teens were hit by a car during the incident.

Moriah said all that is proven is that the teens were there and were hit by a car. Beyond that their “participation” in anything is not proven.

The case returns June 16 for judgment. A third teen is being tried separately.