Killers walk free??

Accused killers freed
By IAN ROBERTSON, Sun Media
Last Updated: 26th February 2009, 6:09pm

Two men accused of gunning down a teenager Abdikarim Abdikarim in Lawrence Heights 11 months ago were ordered freed Thursday morning after their first-degree murder charges were withdrawn.

Due to a lack of prisoner transfer guards, neither was in court to hear the ruling.
Both Owen Anthony Smith and Wendell Damian Cuff walked out of jail this afternoon.

Crown prosecutor Joe Callaghan told a judge in a North York courtroom that a review of the investigation -- "including a dramatic video of the shooting, which drew international attention on YouTube -- yielded no "prospect of conviction at this time. (ARE YOU KIDDING ME? SINCE WHEN IS VIDEO TAPE NOT ENOUGH TO CONVICT?!?!?!)-W

A preliminary hearing for the pair, both 25, was due to begin in April.

Smith was accused of shooting Abdikarim, 18, in the head while socializing with friends on March 14, 2008. Cuff was accused of being an accomplice.

Smith's girlfriend, Jessica Speranza — accused of being an accomplice after the fact to murder — also had her charge withdrawn. She has been under strict house arrest since her release on bail last year.

Five of Abdikarim's pals, aged 18 to 21, were wounded in the gunfire.

Toronto Police at the time said the group was not known to be involved in any criminal activity. (They were the 'good' kids! They were the ones doing the right thing and there is NO JUSTICE!)

Investigators released a building surveillance video of the shooting — but Callaghan said "I have concluded that the evidence of the identity of the shooter and the evidence of participation of the second male are insufficient to pass the test at a preliminary inquiry."

Cuff's lawyer, John Struthers, praised the Crown's "courage" for withdrawing the charges.

"They were having difficulty with the witnesses ... There is fear and people live by the code, not co-operating with police,," Struthers said. "They did the right thing."

The presiding judge said the case was delayed this morning because the pair had not been transported to the Finch Ave. courthouse: Smith was at the Maplehurst Detention Centre in Milton; Cuff was at the Toronto West Detention Centre.

Lawyers said jails throughout Ontario have been hit be a series of work slowdowns by unionized staff in recent weeks and Maplehurst has been in lockdown for five days.

Outside court, Mohamed Gilao, spokesman for the victim's family, said "we feel unsafe in Canada," alleged racism against blacks and vowed the Somalian community is "going to fight back."
(How are you expected to feel safe when the people who are being PAID to protect YOU won't? The Police are paid for nothing! They can't prevent crimes, they can't stop them in progress and they can't solve them after the crimes are committed...)- W