The choose overseeing the trial of a person accused of fatally working over a Toronto police officer repeatedly raised considerations over the prosecution’s altering principle of what occurred that evening and at one level indicated she didn’t see how a jury may attain a responsible verdict on homicide primarily based on proof introduced in courtroom.
Throughout authorized arguments not heard by the jury, Ontario Superior Court docket Justice Anne Molloy on a number of events requested the Crown to put out its narrative for a way Umar Zameer got here to hit Det.-Const. Jeffrey Northrup along with his automotive on July 2, 2021.
Prosecutors Michael Cantlon and Karen Simone raised new theories about the place and the way Northrup was struck in spite of everything their proof had been introduced to the jury, together with some that weren’t introduced up throughout their very own professional’s testimony.
One such principle — that Northrup was “clearly seen” to Zameer when he was hit no matter his place, which itself is in dispute — was deserted earlier this week, simply days earlier than attorneys have been set to make their last arguments to the jury, after Molloy mentioned she was struggling to know it.
Umar Zameer has pleaded not responsible to first-degree homicide within the demise of Det.-Const. Jeffrey Northrup, who died after he was hit by a automotive in an underground parking storage in Toronto on July 2, 2021. CBC’s Greg Ross breaks down the proof introduced in courtroom.
The Crown’s place “retains morphing,” the choose mentioned Monday throughout authorized arguments over her directions to the jury.
“Would not it bother you in any respect that the primary time we’re listening to this principle of the mechanics of how this occurred is after the entire proof is closed and the specialists have completed?” she mentioned at one level.
Arguments and proof mentioned within the absence of the jury can’t be revealed till deliberations start and the jury is sequestered. Jurors started deliberating Thursday night.
Prosecution alleged Zameer drove dangerously
Zameer has pleaded not responsible to first-degree homicide in Northrup’s demise. The officer died after being hit by a automobile in an underground parking storage at Toronto Metropolis Corridor.
The truth that Zameer ran over the officer will not be in dispute. Moderately, the case centres on whether or not he meant to do it — and even knew that it occurred — in addition to whether or not he was conscious that the individuals who approached his household have been cops.
The defence has argued Northrup’s demise was a tragic accident however not a criminal offense. Defence attorneys say Zameer and his pregnant spouse didn’t know Northrup and his companion — who have been in plain garments — have been cops and the couple feared for his or her lives when two strangers rushed in the direction of their automotive shortly after midnight. The couple’s two-year-old son was additionally within the automotive.
Prosecutors have alleged Zameer selected to drive dangerously figuring out cops have been close by and drove straight at Northrup, inflicting the officer’s demise. They’ve argued the defence’s place that Zameer did not see Northrup or know he had hit somebody is inconceivable given the officer’s top and measurement.
Three cops who witnessed the incident have testified that Northrup was standing along with his palms raised in entrance of him in the midst of a laneway when he was run over. Two of them mentioned Northrup fell on the hood of the automotive earlier than dropping off and going below the wheels.
Nonetheless, two crash reconstruction specialists — one referred to as by the Crown and one by the defence — advised courtroom they concluded Northrup had been facet swiped and knocked down by the automotive because it was reversing and was already on the bottom when he was run over. Each famous the absence of injury or marks within the mud on the entrance of the automotive, which they mentioned they might count on to see if somebody was hit head-on.
Barry Raftery, the professional referred to as by the defence, additionally testified that Northrup would have been within the automotive’s blind zone and never seen to Zameer when he was on the bottom.
Court docket has additionally seen safety footage through which an unidentified object believed to be Northrup seems on the bottom in entrance of the automotive as it’s driving ahead. The entrance headlights may be seen going up and down because the automotive goes over the article.
Northrup can’t be seen at every other level within the video. Although the digicam’s view is partially blocked by a pillar on the left facet, it has a transparent shot of the laneway the place the officers mentioned they noticed Northrup — who measured greater than six ft and weighed near 300 kilos — standing.
Raftery mentioned the sudden look of Northrup’s physique within the video suggests he was pushed or dragged by the automotive on the bottom till he got here into view and went below the wheels.
Decide famous discrepancies between officers and professionalÂ
After the Crown completed presenting its proof, Molloy famous the discrepancy between the witness officers’ accounts and that of the prosecution’s professional whereas chatting with attorneys within the absence of the jury. She identified one other professional, Raftery, was set to offer the same opinion as a part of the defence’s case.
“Let’s simply be blunt — I do not see how they will get to second-degree homicide on this proof due to the professional report and video,” she mentioned.
“Now there’s going to be some second professional report that is going to say the identical factor: he wasn’t standing up in entrance of the automotive. So, is {that a} concession that the Crown could make?” she requested.
“No, Your Honour,” Simone replied.
To be able to discover Zameer responsible of homicide, jurors should consider past an affordable doubt that he intentionally hit Northrup with the intent to kill or to trigger bodily hurt he knew was more likely to lead to demise and was reckless as as to if demise ensued.
Whether or not it’s first- or second-degree homicide then depends upon if jurors discover Zameer knew Northrup was a police officer. Underneath the Prison Code, the homicide of a police officer finishing up their duties is mechanically first diploma if the accused knew or was wilfully blind to that truth.
The Crown’s place is that Northrup was standing however the officers have been mistaken about his location, Simone mentioned. As a substitute, Northrup was hidden from the digicam by the pillar when he was struck by the automotive transferring ahead, she mentioned, suggesting the officer left handprints on or close to the hood of the automotive.
Court docket has heard a fingerprint related to a proper handprint on the sting of the driving force facet hood of the automotive was recognized as belonging to Northrup. A smear the Crown argues is a left handprint was discovered close to there however couldn’t be recognized.
There isn’t any proof on when the marks have been made, and each Zameer and his spouse testified Northrup and his companion have been banging on the automotive in the beginning of the encounter.
Crown’s situation ‘not in step with any proof’: choose
Molloy mentioned the situation proposed by the Crown — that Northrup was hit whereas standing behind the pillar out of the view of the digicam and left handprints on the automotive — was “not in step with any proof aside from what you are telling me now.”
“This wasn’t a situation that you simply put to any of the witnesses, together with the officers or the professional,” Molloy added.
Simone disagreed, noting all three witness officers positioned Northrup close to the hood of the automotive.
The Crown then mentioned Monday that it will carry ahead an alternate principle that the officer was “clearly seen” to Zameer no matter his place and Zameer drove straight at him.
Molloy agreed that might point out the intent required for homicide however requested prosecutors to clarify the place Northrup may have been seen to Zameer if he wasn’t standing.
At a number of instances within the dialogue, the choose mentioned she was struggling to know the alternate principle.
“He is seen after being both standing and by no means been knocked down or knocked to the bottom and never in a blind zone,” Cantlon mentioned.
The prosecutor advised that someplace behind the pillar, Northrup “linked” with the automotive and was picked up with out being dragged on the bottom, bringing him to the place the place he seems within the video. At one level, Cantlon advised Northrup could have been holding on to the automotive’s grille.
“That is actually an inference that may be drawn from the proof,” he mentioned.
“No, it is not,” the choose replied. “That is a model new principle,” she mentioned, including the video doesn’t present anybody holding on to the automotive.
The Crown later advised Molloy they might not pursue the alternate principle and would argue solely that Northrup was standing when he was struck.
