PRINCE ALBERT – A 23-year-old Hall Lake man was found not guilty in Prince Albert Court of King's Bench in the stabbing death of 29-year-old Mohammad Venne on Lac La Ronge Indian Band three years ago. Keagan Nelson-Smith was charged with second-degree murder.
Justice Richard Danyliuk said identity was the key issue in Nelson-Smith’s trial.
“The element of identity is fundamental and it was not proven here,” said Justice Danyliuk in his April 17 written decision. “I have a reasonable doubt as to the identity of the person who fought with and stabbed Muhammad Venne. Such doubt must be resolved in favour of the accused.
“I do appreciate this decision will be difficult for the family and friends of Muhamad Venne,” said Justice Danyliuk.
“However, our system must operate to give an accused person the benefit of a reasonable doubt. To do otherwise would be to convict and imprison people who might well be innocent. That is unthinkable in our society. We cannot find people guilty even where the evidence suggests an accused ‘might have’ done the crime, or even that he ‘probably’ did it.”
Justice Danyliuk said when you look at the evidence as a whole, problems emerged from the outset.
“The eyewitnesses seldom agreed on key points,” he said. “There was a divergence of opinion on key areas. Further, many of the eyewitnesses were intoxicated and/or had a poor opportunity to observe the events which they were testifying.”
Numerous issues arose with the credibility and reliability of the civilian witnesses, said Justice Danyliuk. He pointed out the difficulties with the eyewitness testimony. There were differing witness statements about who stabbed Venne, who was present at the wake when the stabbing occurred, details of the first fight and why it happened, the site of the second fight, and the position of the witnesses to observe.
During the trial in March, the Crown had called 11 witnesses; seven civilians, three police officers, and one medical expert.
Under cross-examination defence lawyers Michael Nolin and Marie-Therese Bayda revealed gaps in the investigation and the Crown’s evidence, said Justice Danyliuk. A steak knife found in a nearby garbage wasn’t tested.
“The evidence does not in any way connect the steak knife in the garbage can to the stabbing,” said Justice Danyliuk. “No one positively says they saw a knife, much less saw the accused with a knife.”
In addition, the state of sobriety of the civilian witnesses was an issue.
“Virtually everyone present said they were intoxicated, at least to some degree,” said Justice Danyliuk
Fatal wound
An autopsy by Dr. Shaun Ladham, Chief Forensic pathologist for Saskatchewan, determined that a stab wound to the chest was fatal for Venne. The knife pierced the right ventricle of Venne’s heart and went through his heart.
Court heard that a group of uninvited guests turned up at the wake and Venne had tried to get them to leave. Some of the witnesses testified that they were dressed in all black, the colours worn by Terror Squad street gang.
One witness testified that the uninvited males at the wake who were wearing black, had made a noise that sounded sort of like a loon call with two long sounds, but not like a wolf.
A La Ronge police officer testified that three or four street gangs were active in La Ronge: Terror Squad, L.A. Kings, and West Side Outlawz.
Court heard that after Venne was stabbed, he shook his best friend’s hand and said, “I’m dying brother.”
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