Jury deliberates accused killer's fate in Haiart trial

A jury began its second day of deliberations Thursday in the trial of a man charged in the death of 17-year-old Phil Haiart, killed by a gunshot in Winnipeg's West End in October 2005.

The jurors started deliberations Wednesday afternoon, after Queen's Bench Justice Albert Clearwater gave them detailed instructions about the case.

The accused, charged with second-degree murder,cannot be named because he was a minor at the time of the shooting.

Clearwater said it was especially important to pay attention to the testimony of witnesses, noting that some have lengthy criminal records and are admitted associates of street gangs.

He urged the jury to use common sense in considering the testimony of Jammal Jacob, Cory Amyotte, and Gharib Abdullah, each of whom refused to swear an oath and testify during the trial.

Instead, the jury was shown videotaped statements the three gave to police shortly after the shooting of Haiart and another man.

The three witnesses could not be cross-examined so it might be difficult to determine the reliability of their accounts of that night, Clearwater said.

Jacob, Amyotte and Abdullah were each convicted of contempt of court. Jacob was immediately sentenced to three years in prison. Amyotte and Abdullah have yet to be sentenced.

Clearwater has previously told the jury that the three men's refusals to testify and their convictions for contempt are not relevant to the accused in the Haiart trial.

Prosecutors allege Haiart and a friend, who was also shot, inadvertently walked into a gang-related shooting.