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2 minutes of silence punctuates closing argument in Ali murder trial

Crown uses time to illustrate how much consistent pressure needed to strangle 13-year-old

WARNING: this story contains graphic descriptions of sexual violence.

The B.C. Supreme Court first-degree murder trial of Ibrahim Ali fell silent for two full minutes as Crown attorney Daniel Porte neared the end of his closing arguments.

Porte was illustrating how long it would have taken Ali to strangle the 13-year-old girl heB次元官网网址檚 accused of killing in a Burnaby, B.C., park six years ago, saying Ali would have had to apply B次元官网网址渃onsistent and sustainedB次元官网网址 pressure.

B次元官网网址淚brahim Ali strangled (the girl) for at least that long with his hands or another item around her neck,B次元官网网址 he told the jury Thursday, citing the coronerB次元官网网址檚 testimony.

B次元官网网址淲hen you strangle someone for a minimum of two minutes and for most of that time, the person is unconscious, it can only be for one reason: to kill them or cause bodily harm you know is likely to kill them.B次元官网网址

Ali pleaded not guilty to first-degree murder in April.

Porte summarized for the jury the evidence of more than four dozen Crown witnesses who testified during the almost nine-month trial.

The body of the girl, whose name is protected by a publication ban, was found in BurnabyB次元官网网址檚 Central Park in July 2017, just hours after her mother reported her missing.

Porte told the jury that the Crown had proved beyond a reasonable doubt that Ali dragged the girl into a wooded area, sexually assaulted her, then killed her.

However, AliB次元官网网址檚 lawyer Kevin McCullough told the jury the charge against his client hadnB次元官网网址檛 been proven.

Their decision should be about facts, not emotions, he said.

B次元官网网址淓motional decisions have no place in a jury room. The cold, hard facts and the treatment of the cold, hard facts through the lens of truth beyond a reasonable doubt, that is your job.B次元官网网址

Jury members could not find Ali guilty of murder simply because they B次元官网网址渇ind it reprehensibleB次元官网网址 that he was a 27-year-old man having sex with a 13-year-old teenager, McCullough said.

B次元官网网址淭hatB次元官网网址檚 not what this case is about,B次元官网网址 he said.

He said the Crown had promised in opening statements that a sexual assault expert would B次元官网网址渓ink the sexual assault to the killing.B次元官网网址

B次元官网网址淭he Crown either decided not to call the evidence or could not find the expert to say it,B次元官网网址 he said. B次元官网网址淣ow the Crown is asking you to make the leap in logic without that sexual assault expert.B次元官网网址

The jury did hear from a sexual assault expert who testified that the teenB次元官网网址檚 injuries strongly indicated that she had been sexually assaulted, but Dr. Tracy PickettB次元官网网址檚 testimony under cross-examination was never completed.

Pickett, a specialist in emergency and clinical forensic medicine, was found dead on Sept. 28.

On Nov. 7, Justice Lance Bernard instructed the jury to disregard PickettB次元官网网址檚 testimony and to resist all speculation into her death.

McCullough said the jury must instead rely on the evidence from forensic pathologist Dr. Jason Morin, who conducted the autopsy, and said he could not confirm whether the girlB次元官网网址檚 injuries were the result of forced or consensual sexual activity.

Evidence that Ali murdered the girl was nonexistent, McCullough told the jury.

He said the teenB次元官网网址檚 death created a media storm and B次元官网网址渃ome hell or high water there had to be a murder charge. Someone has to pay and weB次元官网网址檇 all sleep better at night.B次元官网网址

McCullough told the jury there were no witnesses who could connect Ali to the park or to the girlB次元官网网址檚 death.

B次元官网网址淛uror deliberations (are) not the time to come up with your own theory,B次元官网网址 he said, adding if they found themselves doing that, then the Crown had not proven its case.

B次元官网网址淩easonable doubt can come from the evidence or the absence of evidence and I expect (the judge) will tell you that,B次元官网网址 he said.

Porte referred in his closing statement to the testimony from Christine Crossman, an RCMP forensic biologist, who said AliB次元官网网址檚 DNA was found inside the body of the girl. Only the DNA of the girl and Ali was found, Porte emphasized.

B次元官网网址淭he only reasonable conclusion is the person who sexually assaulted (the girl) is also the person who killed her,B次元官网网址 he said.

Morin, a forensic pathologist,testified the girl had been strangled and had numerous injuries on her body.

Porte reminded the jury that Morin had testified that B次元官网网址渆jaculate is fluid subject to gravity,B次元官网网址 and that had the girl stood afterward, the semen would run out of the body and onto her underwear and shorts.

He noted the state of her body when it was found. Referencing police testimony and crime scene photographs, Porte said she was found lying on her back, with her shirt and sports bra pulled up exposing one breast, he said. He added that her shorts were partially down, exposing her genital area.

In his final address to the jury, he summarized the CrownB次元官网网址檚 theory.

B次元官网网址淵ou should have no difficulty concluding that Ibrahim Ali attacked (the girl) on the path, where she dropped her phone and wallet. He forced her into the woods, which were surrounded by brush, pulled her shirt partway off (and) removed her shorts,B次元官网网址 Porte said.

B次元官网网址淗is sexual assault of her included penetration, during which he ejaculated inside of her. During the course of this sexual assault, or shortly afterward, he strangled (the girl), killing her. B次元官网网址

He left her body where it was found by police, Porte said.

Motive was not relevant, Porte said, but he added there was no evidence the girl and Ali knew each other.

B次元官网网址淎ny suggestion they knew each other or had any type of communication, in the CrownB次元官网网址檚 view, would be speculation,B次元官网网址 Porte said.

McCullough told the jury last week that they would not be calling any evidence in defence of the allegations because the Crown hadnB次元官网网址檛 proven its case.

Bernard told the jury Thursday that closing statements from the defence were likely to continue into Friday.

The judge will then give his final instructions to the jury before members begin their deliberations.

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