Brother of 13-year-old murder victim expresses relief over Ibrahim Ali guilty verdict
Defence lawyer says that police told him father of teenage girl allegedly brought loaded gun to courtroom
WARNING: This article contains graphic content and may affect those who have experienced sexual violence or know someone affected by it.
The brother of a 13-year-old girl who was murdered in a Burnaby, B.C., park six years ago says his family is relieved at the guilty verdict handed to Ibrahim Ali last week, calling it the best possible outcome.
The girl's name is protected by a publication ban, so the brother also cannot be named.
Speaking on the steps of B.C. Supreme Court in Vancouver Monday, the brother said family members are still struggling to come to terms with what happened.
"My sister... was sexually assaulted and murdered in Central Park in Burnaby in broad daylight a mere minutes' walk away from our home at the time. It has shattered any sense of security that our family had and tore us asunder," he said.
The brother said the family felt "revictimized and retraumitized" by defence counsel arguments that suggested his sister was not an "innocent" child as the Crown had portrayed.
"We are shocked and revolted at the appalling conduct of this defence throughout this case," he said.
"They chose to drag [her] name through the mud. They chose to accuse my 13-year-old sister of having consensual relations with the then-27-year-old Ali."
A jury found Ali guilty of first-degree murder on Friday after a trial that lasted nearly eight months.
The brother said the family intends to file complaints against Ali's defence team with the goal of having them disbarred.
Defence alleges victim's father brought gun to court
Ali's defence team told CBC News that they were made aware of a number of violent threats directed at them over the course of the months-long trial, and that defence lawyers are often placed in a difficult spot by the justice system.
Defence lawyer Kevin McCullough said in an affidavit filed Monday that police told him someone close to the proceedings brought a handgun into the Vancouver courtroom on Friday with an intention to kill.
Another affidavit describes more than a dozen messages received by McCullough and his firm that include threats to kill the lawyer and his family.
The Vancouver Police Department confirmed it is investigating the gun allegation.
"One man has been arrested and was released pending further investigation. We are unable to share additional information at this time," the VPD said in an email.
Ben Lynskey, another defence lawyer in the case, said police told them it was the father of the teenage victim who allegedly brought the gun to court on Friday. He said the defence team was told of the allegation on Sunday by Vancouver police.
"I think any time there's significant animus, any time there's a person with a gun, that's deeply concerning," Lynskey told CBC News.
Lynskey said defence lawyers have a constitutional duty to perform their job, given that Crown prosecutors have the resources of the state behind them.
"Defence lawyers have a very important role in the system and we can't be looking over our backs and worried about ourselves," he said.
The lawyer went on to say some of the vitriol being faced by Ali's defence team was driven by misinformation, as the public and media are often not given the full picture of a trial due to legal considerations.
Defence begins to appeal conviction
Ali's defence team began the process of appealing his conviction on Monday, citing 25 grounds including allegations about "third-party suspects."
The notice of appeal filed by McCullough says two other men were arrested for the killing, but the B.C. Supreme Court erred by refusing to allow evidence about them to be brought up at Ali's trial.
The notice also describes "two Asian men" who McCullough says were seen carrying a heavy bag near where the girl's body was found in Central Park in 2017.
Other grounds for appeal include alleged bias against the defence; a dispute over the Crown's suggestion the girl did not have a boyfriend; and that the court didn't properly address safety concerns about death threats made against Ali's lawyers.
For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via this Government of Canada website or the Ending Violence Association of Canada database. If you're in immediate danger or fear for your safety or that of others around you, please call 911.
With files from The Canadian Press and Ethan Sawyer