Sudden acquittal of Cansanay in murder trial

In a surprising turn of events Monday morning, Jeffrey Cansanay was acquitted of charges of second-degree murder in the shooting death of Phil Haiart before the jury had a chance to deliberate.

The case came to an abrupt end after Justice Maurice Kaufman refused to allow into evidence videotaped statements by two witnesses who had refused to testify.

Cansanay, 21, had pleaded not guilty of charges of second-degree murder in the death of Haiart, 17,and attempted murder of a second man, Abass Jalloh,who was walking with Haiartand wasinjured at the same time.

Testimony so far in the trial had focused on gang violence in the Winnipeg West End neighbourhood where the shooting took place.

The Crown had argued that the two victims were shot while walking inthe neighbourhood while Cansanay was firing at two rival gang members.

Two key witnesses, each alleged in court to be members of the Mad Cowz street gang Cory Amyotte and Gharib Abdullah refused to testify last week.

Both were expected to give evidence on events of Oct. 10, 2005, the night the shootings took place.

"One fellow said, 'Yeah, I do promise. I promise to lie,' " said defence lawyer Greg Brodsky. "And the other fellow said, 'I don't know what the truth is.' "

On Monday, Crown attorney Jerry Bowering attempted to have videotaped statements the witnesses made to the police admitted as evidence.

Kaufman refused to allow the tapes, citing the defence's right to cross-examine the witnesses.

The defence then asked the judge to enter verdicts ofnot guilty for lack of evidence, and the judge agreed.

Defence lawyer Greg Brodsky told reporters much of this could have been decided before the trial began.

"You can't cross-examine a video tape," he said. "The judge said, in this case, that this definitely is another example of why the preliminary hearing should be maintained, because we may not have had a trial, had there been a preliminary inquiry."

Cansanay's case was sent to trial by direct indictment, a decision made by Manitoba Justice officials.

Preliminary hearings explore what evidence is available, and allow the judge to determine whether to continue.

Another suspect still faces charges in the case. He was a minor at the time of the shooting and cannot be named.

It's not yetknown when Cansanay will be released from custody.