Connect with us

Alberta

Alberta Court of Appeal upholds Calgary man’s first-degree murder convictions

Published

5 minute read

CALGARY — Alberta’s highest court has upheld first-degree murder convictions against a man who stabbed his mother and a woman with a developmental disability his mother was caring for in her home.

Emanuel Kahsai of Calgary was convicted in 2018 of killing his mother, Selma Alem, and Julie Tran. He was sentenced to life without parole for a minimum of 50 years.

The 25-year-old Tran had fetal alcohol syndrome disorder and was one of two people Alem was caring for at the time of her death.

The two women were found dead with multiple stab wounds in October 2015 in Alem’s home, court documents say.

Kahsai appealed on several grounds, including that he failed to defend himself in a meaningful way, that jury selection was flawed and that a lawyer should have been appointed to him early in the court proceeding.

The Appeal Court denied his appeal in a 2-1 decision. The appeal was heard in October 2020, but the reasons for the decision were released Thursday.

In his dissenting opinion, Justice Brian O’Ferrall wrote he would have ordered a new trial for Kahsai, who represented himself.

“The accused, Mr. Kahsai, failed to make full answer and defence,” O’Ferrall wrote. “His failure to do so was his own fault, but I do not believe that ends the matter.”

O’Ferrall said the trial judge should have ordered a lawyer to advocate for Kahsai, even though he did not want one.

“Forcing counsel on an unrepresented accused when the court is satisfied that the accused’s conduct on the case will make a fair trial impossible does not infringe upon an accused’s right to control his own defence,” the judge wrote.

“It preserves his right to a fair trial. It protects his right to life, liberty and security.”

Justices Bruce McDonald and Ritu Khullar disagreed.

McDonald wrote that forcing legal representation on Kahsai would “be an affront to his autonomy as an individual and is unacceptable in a free and democratic society.”

He said the Crown presented a compelling case that Kahsai killed his mother and Tran.

“Furthermore, in my opinion, there was sufficient evidence that a properly instructed jury could have reasonably concluded that the killings of both victims were planned and deliberate.”

The judges noted that Kahsai was unco-operative and disruptive throughout the entire court proceeding. He was assessed three times by psychiatrists who said he was “feigning” mental illness and was fit to stand trial.

“The appellant said, ‘There’s another criminal’ after the trial judge said good morning to him,” McDonald wrote. “He talked over the trial judge and ignored warnings.”

McDonald said Kahsai was given every chance to retain a lawyer but refused each time.

The court-appointed a lawyer, known as an amicus, to assist in jury selection.

McDonald said Kahsai didn’t co-operate and, instead, held up signs to the lawyer saying “help” and asking her to contact the FBI or United States government. He didn’t want to speak to her and called her disgusting.

“When (Kahsai) cross-examined Crown witnesses (at trial), he engaged in disruptive behaviour, asked inappropriate questions and, for the most part, failed to ask relevant questions that would advance his defence,” McDonald wrote.

Another lawyer was then appointed by the court, but the judge instructed him not to advocate on Kahsai’s behalf, but instead to “assist the court by using his ability to question witnesses to identify evidence that was relevant to the charges.”

“The appointment of an amicus to a defence-like role may conflict with the accused’s constitutional right to represent himself,” McDonald said.

“In my opinion, the trial judge, the pretrial judge and the jury selection judges all did their best to ensure fairness.”

— By Daniela Germano in Edmonton

This report by The Canadian Press was first published Jan. 13, 2022.

The Canadian Press

Storytelling is in our DNA. We provide credible, compelling multimedia storytelling and services in English and French to help captivate your digital, broadcast and print audiences. As Canada’s national news agency for 100 years, we give Canadians an unbiased news source, driven by truth, accuracy and timeliness.

Follow Author

Alberta

Transportation Safety Board investigating helicopter crash in central Alberta

Published on

CAMROSE, Alta. — The Transportation Safety Board of Canada says it is investigating a helicopter crash in central Alberta on the weekend.

The government agency says a Bell 206B helicopter crashed near Camrose on Sunday.

It says a pilot and three passengers were on board. 

RCMP say officers from the Killam-Forestburg detachment, as well as paramedics and firefights, were called to the crash.

Mounties say three of the four people on board were taken by ground ambulance to area hospitals.

A fourth occupant was airlifted to an Edmonton hospital.

Neither the RCMP nor the TSB would describe the severity of the injuries, and did not identify the people who were on the helicopter. 

The Transportation Safety Board says it is gathering information and “assessing this occurrence.”

The Canadian Press

Continue Reading

Alberta

Running back James Wilder Jr. signs one-year extension with Edmonton Elks

Published on

EDMONTON — The Edmonton Elks signed running back James Wilder Jr. to a one-year contract extension on Monday.

Wilder, who was scheduled to hit the free-agent market next month, racked up 996 total yards and three touchdowns in 2021.

The Florida State product finished third in CFL rushing yards (770) last season and was named the Elks’ most outstanding player.

This report by The Canadian Press was first published Jan. 24, 2022.

The Canadian Press

Continue Reading

Trending

X