Conspiracy conviction convicted of murder confirmed – Pique Newsmagazine
The BC appeals court says a conspiracy conviction for murder will be in a separate trial on similar facts despite the acquittal of a juvenile.
“The plan involved an attack on the judicial system,” BC Supreme Court Justice Michael Tammen said in 2019 of the man convicted of conspiracy to murder a witness in his own homicide trial.
At the time of the alleged conspiracy, Kiir Chol was in prison awaiting trial for murder.
Chol was convicted by a jury of second degree murder for the shooting of Aladdin Ramadan in September 2014. Chol was two months short of his 17th birthday at the time of the murder.
Before the shooting, Chol was in a vehicle with several others. One said Ramadan had a “beef” with chol.
Ramadan soon unexpectedly pulled his vehicle alongside and called to the other vehicle to stop. As Ramadan approached on foot, Chol fired a 9mm semi-automatic Beretta pistol at least three times at Ramadan.
When Chol was arrested leaving a Surrey mall, the waistband of his pants was carrying a gun that he had used to shoot Ramadan ten days earlier. The gun was loaded with nine cartridges, one in the chamber, the safety was switched off.
He was sentenced to seven years for manslaughter and three consecutive years for a gun offense. An appeal was dismissed.
However, Chol did not want one of the main witnesses, who can only be identified with the initials KD due to a ban on publication in court records, to testify in the trial.
Chol was later convicted of a conspiracy to murder the witness.
Court documents said that while Chol was waiting for his trial, another person, TK, had conspired to help KD. to murder
“TK visited KD’s house on December 20, 2016, armed with a handgun,” a judgment said. “KD’s mother, HJ, opened the door and when TK asked about KD, she said KD was not at home. TK then shot HJ several times, apparently trying to kill her, but failed in the attempt. HJ’s spinal cord was severed and she became paraplegic. “
The judge said the Crown said intercepted calls indicated Chol TK said to kill a family member instead of KD if necessary to prevent KD from testifying.
“TK is obviously a loaner weapon,” said the trial judge.
Indeed, the judge said the Crown had proposed a major conspiracy involving Chol, TK, and several others that could make anyone the target of murder at a high price.
TK was found guilty of attempted murder in the two cases but acquitted on the conspiracy charges.
Chol appealed the conspiracy conviction, claiming the trial judge’s refusal to suspend him was an abuse of trial by retrial.
He claimed to use similar evidence against a second co-conspirator (TK) where the Crown failed to prove the existence of that conspiracy could not be used in his case.
The appellate judges didn’t buy it.
“The abuse of procedure doctrine does not prevent the Crown from attempting to prove the existence of a multi-party conspiracy against different co-conspirators in different trials by relying on the same or essentially the same evidence,” the July 14 July judgment said. “In criminal law, it is clear that the fact-finding of a fact-checker in one procedure does not bind a second fact-checker in another. Furthermore, acquittal of a co-conspirator on a conspiracy charge does not necessarily invalidate the conviction of a second co-conspirator. “