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Shishkin indicated Kollie needs to have them argue for a keep of his cost within the house invasion primarily based on unreasonable delay.
She additionally recommended the defence could desire a pre-sentence report be ready, however Kollie balked on the concept he could must be returned to Calgary to have that accomplished.
Each Kollie, who’s serving a life sentence after being convicted of homicide in Ahmed’s demise, and Havyarimana appeared remotely by way of closed-circuit TV from prisons in Ontario and B.C. respectively.
Kollie’s sentencing was adjourned every week so the attorneys can talk about choices with their consumer.
Mason discovered each males to be a part of an armed raid on a southeast Calgary house the place their victims had been robbed of money, medicine and different property, together with one man’s BMW car.
4 of the 5 assailants had been masked, though Mangok Geng, who earlier pleaded responsible and was sentenced to 9 years, was not.
In the course of the theft Havyarimana lifted his masks to inform one of many feminine victims, who later recognized him, that she and her child wouldn’t be harmed.
Each accused had been below police investigation on the time of the theft for his or her roles within the Ahmed killing and wire faucet conversations and cellphone monitoring led Mason to seek out MacPhail proved Kollie’s involvement as properly.
In the course of the theft one of many assailants put a gun within the mouth of sufferer Brandon Abbs and threatened to kill him.
In sentencing Havyarimana, Mason mentioned one aggravating issue was that there have been two younger kids in the home.
“This was a very brutal house invasion,” the decide mentioned.
Each had beforehand been convicted of the break in, however the Courtroom of Enchantment ordered a brand new trial.
On Twitter: @KMartinCourts