Witness refuses to testify in Haiart trial

A witness refused to swear an oath or testify Wednesday morning at the trial of a man accused of second-degree murder in the death of Winnipeg teen Phil Haiart.

"I don't wish to say anything," Jamal Jacob responded when asked if he would swear on the Bible or affirm the truth of his testimony in the trial of the suspect, who cannot be named because he was a youth at the time of Haiart's killing.

Justice Albert Clearwater began questioning Jacob to determine if he understood what he was doing, asking if Jacob was educated and whether he could read and write.

Jacobtold thecourthe did understand and had a 12th grade education. He said he simply would not co-operate with the proceedings, saying, "I refuse to testify in a trial I don't believe in."

Clearwater urged the man a number of times to seek the advice of a lawyer about what he was doing. Jacob refused.

Finally Clearwater told Jacob that "any citizen in this country faces serious consequences for failing to testify," and told him he could be cited and sentenced for contempt of court.

Jacob agreed to meet with a duty counsel.

Court proceedings are expected to resume later Wednesday, with Jacob being asked again to swear or affirm his testimony.

Crown attorney Gerry Bowering told the jury Monday that the accused issued orders to shoot two rival gang members in the city's West End neighbourhood on Oct. 10, 2005.

Haiart, 17, who was walking in the area but is not believed to have been involved in the gang war, was shot in the stomachand died later in hospital. Another man was injured.