Neighbourhood urges appeal in Haiart case

People who live in the Winnipeg neighbourhood where Phil Haiart was killed are asking the province to hire special help for an appeal in the case of a man acquitted in his death.

Earlier this week, a judge acquitted Jeffrey Cansanay of all charges connected with a shooting in October 2005 that killedHaiart, 17, and injured another man.

Cyril Keeper, secretary of the Spence Neighbourhood Association, says his group has written to the province's justice minister, asking that the government hire "the best legal brain in the province" to examine the potential for an appeal.

"What we want is action.We want to appeal this decision. We think it creates such a sense of injustice in the community, that people should be accused and then just walk out on the street because witnesses are not willing to testify," Keeper said.

"We think it will be difficult to find but there has to be a legal basis to appeal, and we need to find some good legal brains on this."

Keeper believes the government could proceed on the matter, even though it's in the midst of an election campaign.The Aboriginal Justice Inquiry was called during an election campaign, he pointed out.

The AJI, which examined the relationship between Manitoba native people and the justice system, was called during the 1988 general election.

Phil Haiart was killed in October 2005 by what prosecutors argued was a stray bullet fired in a drug war in Winnipeg's West End.

The Crown's case fell apart after two gang members who were expected to testify about events the night of the shooting refused to testify, and the judge refused to admit videotaped statements they'd made to police into evidence.

Cansanay cannot be retried on the charges unless the Crown successfully appeals the judge's ruling as an error of law.

Another suspect, who cannot be named because he was a minor at the time of the shooting, is also facing charges of second-degree murder and attempted murder. His case is expected to go to trial later this year.