A judge has rejected an application to to throw out the conviction of Ibrahim Ali for the murder of a 13-year-old in Burnaby, B.C. The Law Courts building, which is home to B.C. Supreme Court and the Court of Appeal, is seen in Vancouver, on Thursday, The Canadian Press
In a recent development in Vancouver, a British Columbia Supreme Court judge has dismissed a request to overturn Ibrahim Ali's conviction for the murder of a 13-year-old girl in Burnaby, B.C. Ali's defense team argued that the trial's prolonged delays were unjustifiable, but Justice Lance Bernard ruled otherwise.
Following defense lawyer Kevin McCullough's final remarks in the application, Justice Bernard promptly delivered his decision, stating, "Given that this matter has gone over a two-week period, I've had some opportunity to consider the application. I'm satisfied that
the application should be dismissed." He mentioned that he would provide detailed reasons for his decision at a later date.
Ali's sentencing is pending and will be scheduled for a hearing next Tuesday. He faces a mandatory life sentence with no parole for 25 years.
During the proceedings, Crown lawyer Daniel Porte requested time to allow the victim's family to travel from China for the sentencing.
Ali, who appeared via video link wearing an orange sweat suit, was convicted on December 8 of first-degree murder for the girl's death in Burnaby's Central Park in July 2017. The girl's identity remains protected under a publication ban.
The trial, spanning eight months, encountered numerous delays, including issues related to the defendant's health, the death of a key witness, COVID-19 cases among jurors, and threats against Ali's legal team.
McCullough filed a notice of appeal, alleging bias against Ali and his lawyers, asserting that it significantly impacted the trial's outcome. He cited safety concerns due to threats received by the defense.
The defense invoked the "Jordan application," arguing that the time between Ali's arrest and the trial's conclusion exceeded the Supreme Court of Canada's 30-month limit. Ali spent 63 months in custody, with about three years of pretrial proceedings before entering a not guilty plea in April 2023.
McCullough attributed most delays to court mismanagement and delayed disclosure by the Crown. However, Porte attributed the delays to the defense and exceptional events, including the pandemic.
In his closing remarks, McCullough emphasized the need for a complete transcript of court proceedings and disputed the accuracy of the Crown's submissions on delay calculations.
He highlighted a significant delay stemming from August 2020 when Ali's previous legal team requested an adjournment, which was denied, leading to further delays.
Porte acknowledged the previous defense team's scheduling conflicts but emphasized their recurrent unavailability.
The judge's decision to uphold Ali's conviction underscores the complexity and challenges inherent in ensuring a fair and timely trial process, particularly in cases of such gravity.
