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R v K (2015)

  • Clayton Rice, K.C.

The defendant was charged with attempted murder and aggravated assault when Q was shot outside a downtown Edmonton nightclub. Q had left the club and walked into the parking lot after an altercation inside with the defendant. A gun shot rang out from the rear passenger window of a car in the parking lot. Q was struck in the head and the vehicle sped away from the scene. During the trial, Q testified that he saw “a glimpse” of the defendant in the back seat and he recognized the defendant’s voice when he called Q’s name just before the shooting. M, the driver, testified that the defendant got into the back seat of his car with another man. He said he saw the defendant lean out of the rear window with his arm “wrapped in a sweater” and then he heard a “pop”. Under cross-examination by Mr Rice, Q admitted that he told the police he could not recognize the man’s voice and M admitted that he lied to the police when he told them repeatedly that the shooter was a drug dealer named “Suk”. In his closing address to the jury, Mr Rice argued that M was an admitted liar and that Q was not a reliable witness because of his prior inconsistent statement to the police. The jury returned verdicts of not guilty on both counts.

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