Mike on Crime

By Mike McIntyre
Winnipeg Free Press

Phil Haiart’s life was taken by gang members waging a war on city streets — and now his family’s search for justice has died in a flurry of anger, tears and confusion.

Queen’s Bench Justice Morris Kaufman abruptly halted the jury trial for Haiart’s accused killer, Jeffrey Cansanay, and entered a not guilty verdict Monday based on a lack of Crown evidence.

The breaking point came when two admitted Mad Cowz gang members — the two men the Crown claims Cansanay was actually trying to kill the night Haiart was hit by his stray bullet — refused to testify in court last week.

Kaufman then rejected a Crown motion Monday that would have allowed them to show jurors videotaped police statements given by the pair in which they implicated Cansanay.

He said the prejudicial affect of allowing two statements to go in without the ability to cross-examine either witness outweighed any value of letting them in.

The decision prompted Crown attorney Gerry Bowering to promptly close his case and led to a motion from defence lawyer Greg Brodsky for a “directed verdict” of not guilty based on a lack of any evidence tying Cansanay to the October 2005 shooting.

Kaufman agreed and briefly explained his decision to a clearly confused jury that had spent the past two weeks hearing evidence and were planning on at least two more weeks.

“This is another example of the gangs running the city,” Isora Van Dreser told the Free Press outside court. She was dating Haiart at the time he was gunned down and they were planning a future together.

“The gang members are protecting their own. And they’ve found a way to get away with murder. There’s no justice in this system. It’s disgusting,” said Van Dreser.

Haiart’s mother was in court Monday but left, clearly upset, without talking. Haiart’s father, a Winnipeg surgeon, has been present for much of the trial but was absent for Kaufman’s ruling.

The Crown has 30 days to file an appeal of Kaufman’s decision regarding the videotaped statements.

Monday’s ruling also casts a shadow over the case against Cansanay’s youthful co-accused. The man — who was 17 at the time — is set for trial in June. Cansanay’s lawyer expects that case to have a similar result to this one.

“The Crown was going to be calling the same witnesses,” said Brodsky.

The two gang members who derailed Cansanay’s trial by refusing to testify against him have not been charged with contempt of court or obstruction of justice — despite warnings from Kaufman last week they could be. “They’re gang members. Do you really think they’re afraid of consequences? I don’t think they’re afraid. They were going to do what they were going to do,” said Brodsky.

Gharib Abdullah and Corey Amyotte were not charged for a string of attacks on Cansanay and the teen co-accused that the Crown says triggered the deadly shooting of Haiart.

Jurors had already heard that members of the feuding Mad Cowz and African Mafia street gangs — who had broken apart months earlier because of disputes over their “turf” — were trading shots on the street following a previously unreported shooting the night before.

One of those Mad Cowz members took the stand earlier in the trial and admitted to numerous attacks including throwing a brick through a car window and firebombs into Cansanay’s home. The teen — like Abdullah and Amyotte — was also never charged despite admitting to numerous crimes.

Kaufman referenced that fact Monday when deciding not to allow the men’s video statements into evidence.

He said they had “multiple motives” to lie about what happened the night Haiart got shot, considering they instigated the violence but had been spared being charged in exchange for their statements.

“These two witnesses are gang members who will stop at very little to get what they want,” said Kaufman.

Police never recovered the weapon used to shoot Haiart so no forensic analysis could be done. Cansanay’s clothing from that night was also never found.

Haiart was struck with a stray bullet on Thanksgiving weekend as he walked through an empty video store parking lot, apparently on his way back to his nearby apartment block. His killing left a substantial mark on the city, ripping apart the perception that innocent people are immune from the gang violence which has plagued the city in recent years.

The public reaction was swift and severe.

Angry citizens called open-line talk shows and penned letters to the editor demanding changes.

The so-called revitalization of Winnipeg’s core area came under attack. Judges, prosecutors and politicians heard calls for tougher laws.

Mayor Sam Katz and police Chief Jack Ewatski responded immediately, vowing to protect citizens from such random violence and announcing a “Clean Sweep” task force aimed at reducing street-level crime that continues to this day.

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There have been numerous cases in recent years in which families have been outraged after murder charges were either reduced or dismissed based on problems with witnesses.

TREVOR TANNER KILLING — Crown dropped first-degree murder charge, accepted second-degree plea, earlier this year from killer Michael Dueck because some Crown witnesses recanted their testimony. Victim was kidnapped from The Forks, shot execution-style in head on outskirts of city. Family of victim furious with outcome.

T.J. WIEBE KILLING — Alleged youth ringleader of grisly murder plot was acquitted of first-degree murder at trial last year and walked free. Judge cited problems with Crown witnesses — including co-accused who refused to testify and/or changed their stories. Victim was lured to remote location outside city and brutally beaten, stabbed and left to die in snow. Family of victim angry at verdict.

BENJAMIN MARSHALL KILLING — Crown dropped first-degree murder charges last year against two men, accepting pleas to manslaughter and conspiracy. Crown cited problem with its case including witness testimony and disclosure of material from previous prosecutor to defence. Victim was shot, then wrapped in plastic and dumped outside city. Family of victim stunned by decision.

JOHNDRICK TAN KILLING — Five accused killers were set free in 2005 after Crown stayed murder charges. Sixth accused pleaded guilty to reduced charge of manslaughter. Crown cited extensive problems with witnesses refusing to testify or changing their stories. Victim was brutally beaten by large group of young Asian men outside downtown bar. Judge questioned commitment to justice shown by some members of local Filipino community.

ADRIEN BRUYERE KILLING — What was expected to Manitoba’s longest jury trial ended suddenly after just a few weeks. Crown dropped murder charges against four men in exchange for reduced pleas of manslaughter (two men) and assault (two men). Crown cited several witnesses who lied under oath or recanted statements. Victim was stabbed to death during street brawl.