GUILTY Canada - Ibrahim Ali, accused of killing girl, 13, Burnaby, BC, 18 July 2017

April 2, 2024 rbbm
'VANCOUVER - The lawyer for a man found guilty of killing a 13-year-old Burnaby, B.C., girl is asking a judge to stay the jury's verdict over unreasonable delays in getting the man to trial.'
''Ali's lawyer brought the so-called Jordan application in an attempt to stay the proceedings on the grounds it took too long for their client to get to trial, a limit Canada's High Court has set at 30 months.''

''If granted, Ali would go free without sentencing.''
 
Wednesday, April 3rd:
*Motions Hearing (@ am PT) – British Columbia, Canada – M. S. (13) (last seen alive on July 18, 2017 at a local Tim Hortons, Burney B.C. & her body was found 5 hours later on July 19, 2017 in Burnaby’s Central Park, Vancouver) - *Ibrahim Ali (27 @ time of crime/28/now 33) arrested & charged (9/7/18) & indicted (11/25/19) with 1st degree murder. Plead not guilty. Held without bail. Vancouver Supreme Court
Police used a new & somewhat controversial “DNA dragnet” technique, after collecting DNA at the crime scene that indicated a suspect of Middle Eastern descent. (He is a Syrian refugee who entered Canada 3 months before murder).
Trial began on 3/17/23 with jury selection & ended on 3/23/23.
Trial began on 4/5/23 & continued on 4/11/23. Crown rested their case on 11/17/23. Defense began on 11/20/23 & rested their case.
B.C. Supreme Court Justice Lance Bernard presiding. Crown prosecutor Isobel Keeley & Daniel Porte & defense attorney Ben Lynskey & Kevin McCullough.
Jury deliberations Day 1 (12/7/23): probably ~1 hour. Day 2 (12/8/23): a few hours (~3 hours). Total deliberations: ~4 hours.
Verdict: Guilty of 1st degree murder.

Case & court info from 1/29/19 thru Trial Days 1-103 (4/28 thru 12/8/23) & Verdict Watch Day 1 (12/7/23) & thru 1/30/24 reference post #309 here:
https://www.websleuths.com/forums/t...irl-13-burnaby-bc-18-july-2017.673539/page-16

2/9/24 Update: Hearing held. B.C. Supreme Court Justice Lance Bernard ruled, rejecting an application by the convicted killer's lawyers who said they feared for their safety. Ali's trial lawyers, Kevin McCullough & Ben Lynskey, have been refusing to attend post-trial hearings, citing safety concerns over an allegation the girl's father brought a loaded gun to the Vancouver courtroom on the day of the verdict. But Justice Lance Bernard denied their application on Friday. The father hasn't been charged in the alleged gun incident, although Bernard said he is aware of “an outstanding police investigation” into the matter. The judge said the man was arrested & released with orders not to attend court in person, not to contact Ali or his lawyers, and not to possess any firearms. Those conditions - along with the move to a secure courtroom equipped with bulletproof glass - strike the right balance between safety & the father's interest in following the proceedings, Bernard said in his reasons for the ruling. Ali appeared by video on Friday. He has yet to be sentenced in the case, but he faces a mandatory life term with no chance of parole for 25 years. The judge also tried to set a date to hear arguments over a so-called “Jordan application” by Ali's lawyers, seeking a stay of proceedings on the basis of unreasonable delays in the case. If granted, Ali would go free without sentencing. Bernard said he had been “determined” to deal with the application in March. But the court heard that a transcription company estimated it would take 12 to 14 weeks to provide documentation that defence & Crown lawyers said they need. The judge adjourned the proceedings until Monday, 2/12/24, asking the lawyers to return with “some answers” in relation to the request for transcripts & the timeline. The "Jordan" framework sets a presumptive acceptable period of delay between charge & conclusion of trial is 18 months for provincial court trials & 30 months for superior court trial. The period is calculated from the time of charging until the actual or anticipated end of trial, minus defence delays. Next motions hearing on 4/2/24.
4/2/24 Update: The lawyer for Ali who was found guilty of killing a 13-year-old Burnaby, B.C., girl is asking Judge Nernard to stay the jury's verdict over unreasonable delays in getting the man to trial. Kevin McCullough brought the so-called Jordan application before the court in an attempt to stay the proceedings against Ali on the grounds it took too long for their client to get to trial, a limit the High Court has set at 30 months. If granted, Ali would go free without sentencing. The Jordan application was filed on Dec. 7, before the jury began its deliberations, McCullough said. The Crown has not yet made its submissions in the application and McCullough is expected to continue his arguments tomorrow, 4/3/24.
 
@jash or @dotr - any updates for the hearing yesterday? Are they continuing it today? Of course I am coming up with zero over here...

TIA if you can find anything!
 Girl Waving Hello Smiley
 
Just got this alert - I "think" this is for 4/3 hearing - as it does say 2nd day of hearing.


April 3, 2024

The lawyer for Ibrahim Ali, the man found guilty of killing a 13-year-old girl in Burnaby, B.C., said a "culture of complacency" from Crown and the court created so many unnecessary delays in proceedings that the verdict should now be stayed.

Kevin McCullough made the arguments on day two of a hearing in B.C. Supreme Court in Vancouver into a Jordan application filed on behalf of Ali.
[.....]
McCullough said issues not associated with the accused caused delays of close to 60 months, about double that of the Jordan standard.

He said a decision by Justice Lance Bernard to dismiss an adjournment application brought by Ali's original defence team in August of 2020, coupled with issues of court mismanagement effectively "doomed" the case to exceed Jordan deadlines.
[.....]
Crown counsel is expected to bring arguments against the Jordan application when the hearing resumes on Monday [4/8/24].
 
Monday, April 8th:
*Motions Hearing (@ am PT) – British Columbia, Canada – M. S. (13) (last seen alive on July 18, 2017 at a local Tim Hortons, Burney B.C. & her body was found 5 hours later on July 19, 2017 in Burnaby’s Central Park, Vancouver) - *Ibrahim Ali (27 @ time of crime/28/now 33) arrested & charged (9/7/18) & indicted (11/25/19) with 1st degree murder. Plead not guilty. Held without bail.
Police used a new & somewhat controversial “DNA dragnet” technique, after collecting DNA at the crime scene that indicated a suspect of Middle Eastern descent. (He is a Syrian refugee who entered Canada 3 months before murder).
Trial began on 3/17/23 with jury selection & ended on 3/23/23.
Trial began on 4/11/23. Crown rested their case on 11/17/23. Defense began on 11/20/23 & rested their case.
B.C. Supreme Court Justice Lance Bernard presiding. Crown prosecutor Isobel Keeley & Daniel Porte & defense attorney Ben Lynskey & Kevin McCullough.
Jury deliberated for 2 days (12/7 & 12/8/23) for ~ 4 hours. Verdict: Guilty of 1st degree murder.

Case & court info from 1/29/19 & Trial Days (4/28 thru 12/8/23) & Verdict Watch (12/7 & 12/8/23) & thru 2/9/24 reference post #325 here:
https://www.websleuths.com/forums/t...irl-13-burnaby-bc-18-july-2017.673539/page-17

4/2/24 Update: The lawyer for Ali who was found guilty of killing a 13-year-old Burnaby, B.C., girl is asking Judge Nernard to stay the jury's verdict over unreasonable delays in getting the man to trial. Kevin McCullough brought the so-called Jordan application before the court in an attempt to stay the proceedings against Ali on the grounds it took too long for their client to get to trial, a limit the High Court has set at 30 months. If granted, Ali would go free without sentencing. The Jordan application was filed on Dec. 7, before the jury began its deliberations, McCullough said. The Crown has not yet made its submissions in the application and McCullough is expected to continue his arguments tomorrow, 4/3/24.
4/3/24 Update: Defense attorney Kevin McCullough said a "culture of complacency" from Crown & the court created so many unnecessary delays in proceedings that the verdict should now be stayed. McCullough made the arguments on day two of a hearing in B.C. Supreme Court in Vancouver into a Jordan application filed on behalf of Ali. McCullough said issues not associated with the accused caused delays of close to 60 months, about double that of the Jordan standard. He said a decision by Justice Lance Bernard to dismiss an adjournment application brought by Ali's original defence team in August of 2020, coupled with issues of court mismanagement effectively "doomed" the case to exceed Jordan deadlines. Crown counsel is expected to bring arguments against the Jordan application when the hearing resumes on Monday, 4/8/24.
 
www.burnabynow.com/local-news/ibrahim-ali-murder-trial-delays-caused-by-defence-exceptional-events-crown-8570188

The prosecution in the Ibrahim Ali murder case says an application to have his guilty verdict thrown out for delays should be dismissed because most of the delays were caused by Ali, his lawyers and events outside of the Crown's control.
.
.
.
The defence argued last week that the delay in the case had been between 52 and 60 months – far above the 30-month ceiling set by the Supreme Court of Canada in R. vs. Jordan.

But Crown prosecutor Daniel Porte said the total delay, once the court subtracts the delays caused by the defence and by events beyond the Crown’s control (such as the COVID-19 pandemic), was only 25 months.
 
Also from the article above:

The Crown is expected to continue its response to the delay application this week.


Wondering if that is today, 4/9 - or later this week? Anything in court site @jash ? TIA
 
Tuesday, April 9th:
*Motions Hearing (Day 2) (@ am PT) – British Columbia, Canada – M. S. (13) (last seen alive on July 18, 2017 at a local Tim Hortons, Burney B.C. & her body was found 5 hours later on July 19, 2017 in Burnaby’s Central Park, Vancouver) - *Ibrahim Ali (27 @ time of crime/28/now 33) arrested & charged (9/7/18) & indicted (11/25/19) with 1st degree murder. Plead not guilty. Held without bail.
Police used a new & somewhat controversial “DNA dragnet” technique, after collecting DNA at the crime scene that indicated a suspect of Middle Eastern descent. (He is a Syrian refugee who entered Canada 3 months before murder).
Trial began on 3/17/23 with jury selection & ended on 3/23/23.
Trial began on 4/11/23. Crown rested their case on 11/17/23. Defense began on 11/20/23 & rested their case.
B.C. Supreme Court Justice Lance Bernard presiding. Crown prosecutor Isobel Keeley & Daniel Porte & defense attorney Ben Lynskey & Kevin McCullough.
Jury deliberated for 2 days (12/7 & 12/8/23) for ~ 4 hours. Verdict: Guilty of 1st degree murder.

Case & court info from 1/29/19 & Trial Days (4/28 thru 12/8/23) & Verdict Watch (12/7 & 12/8/23) & thru 4/2/24 reference post #330 here:
https://www.websleuths.com/forums/t...irl-13-burnaby-bc-18-july-2017.673539/page-17

4/3/24 Update: Defense attorney Kevin McCullough said a "culture of complacency" from Crown & the court created so many unnecessary delays in proceedings that the verdict should now be stayed. McCullough made the arguments on day two of a hearing in B.C. Supreme Court in Vancouver into a Jordan application filed on behalf of Ali. McCullough said issues not associated with the accused caused delays of close to 60 months, about double that of the Jordan standard. He said a decision by Justice Lance Bernard to dismiss an adjournment application brought by Ali's original defence team in August of 2020, coupled with issues of court mismanagement effectively "doomed" the case to exceed Jordan deadlines. Crown counsel is expected to bring arguments against the Jordan application when the hearing resumes on Monday, 4/8/24.
4/8/24 Update: The prosecution says an application to have his guilty verdict thrown out for delays should be dismissed because most of the delays were caused by Ali, his lawyers & events outside of the Crown's control. The defence argued last week that the delay in the case had been between 52 & 60 months – far above the 30-month ceiling set by the Supreme Court of Canada in R. vs. Jordan. But Crown prosecutor Daniel Porte said the total delay, once the court subtracts the delays caused by the defence & by events beyond the Crown’s control (such as the COVID-19 pandemic), was only 25 months. The Crown is expected to continue its response to the delay application this week. Motions hearing continued on 4/9/24.
for more info see posts #331 & 333 here:
{URL unfurl="false"]https://www.websleuths.com/forums/t...irl-13-burnaby-bc-18-july-2017.673539/page-17[/URL]
 
Just finding articles for Monday, nothing yet on yesterday's motion hearing...

Maybe someone else has better luck! :)
 
Oops - I was already in bed (4:30am) my time when you posted that @jash - so to keep my notes straight - I will go ahead & post it for yesterday. And still not finding anything for 4/9.

Wednesday, April 10th:
*Motions Hearing (Day 3) (@ 10am PT) – British Columbia, Canada – M. S. (13) (last seen alive on July 18, 2017 at a local Tim Hortons, Burney B.C. & her body was found 5 hours later on July 19, 2017 in Burnaby’s Central Park, Vancouver) - *Ibrahim Ali (27 @ time of crime/28/now 33) arrested & charged (9/7/18) & indicted (11/25/19) with 1st degree murder. Plead not guilty. Held without bail. Vancouver Supreme Court
Police used a new & somewhat controversial “DNA dragnet” technique, after collecting DNA at the crime scene that indicated a suspect of Middle Eastern descent. (He is a Syrian refugee who entered Canada 3 months before murder).
Trial began on 3/17/23 with jury selection & ended on 3/23/23.
Trial began on 4/11/23. Crown rested their case on 11/17/23. Defense began on 11/20/23 & rested their case.
B.C. Supreme Court Justice Lance Bernard presiding. Crown prosecutor Isobel Keeley & Daniel Porte & defense attorney Ben Lynskey & Kevin McCullough.
Jury deliberated for 2 days (12/7 & 12/8/23) for ~ 4 hours. Verdict: Guilty of 1st degree murder.

Case & court info from 1/29/19 & Trial Days (4/28 thru 12/8/23) & Verdict Watch (12/7 & 12/8/23) & thru 4/3/24 reference post #334 here:
https://www.websleuths.com/forums/t...irl-13-burnaby-bc-18-july-2017.673539/page-17

4/8/24 Update: The prosecution says an application to have his guilty verdict thrown out for delays should be dismissed because most of the delays were caused by Ali, his lawyers & events outside of the Crown's control. The defence argued last week that the delay in the case had been between 52 & 60 months – far above the 30-month ceiling set by the Supreme Court of Canada in R. vs. Jordan. But Crown prosecutor Daniel Porte said the total delay, once the court subtracts the delays caused by the defence & by events beyond the Crown’s control (such as the COVID-19 pandemic), was only 25 months. The Crown is expected to continue its response to the delay application this week. Motions hearing continued on 4/9/24.
for more info see posts #331 & 333 here:
{URL unfurl="false"]https://www.websleuths.com/forums/t...irl-13-burnaby-bc-18-july-2017.673539/page-17[/URL]

4/9/24 Update: Motions hearing day 2. No info available. Motions hearing continued on 4/10/24.
 
It was listed on today's (Thursday's) schedule as well, but sounds like it might be the end of the road for Mr. Ali.


A British Columbia Supreme Court judge has rejected an application to throw out the conviction of Ibrahim Ali...


B.C. Supreme Court Justice Lance Bernard gave his decision from the bench Thursday morning, saying his reasons would follow at a later date.

Ali's next court appearance is scheduled for Tuesday, when dates will be set for his sentencing.
 
Last edited:
It was listed on today's (Thursday's) schedule as well, but sounds like it might be the end of the road for Mr. Ali.


A British Columbia Supreme Court judge has rejected an application to throw out the conviction of Ibrahim Ali...


B.C. Supreme Court Justice Lance Bernard gave his decision from the bench Thursday morning, saying his reasons would follow at a later date.

Ali's next court appearance is scheduled for Tuesday, when dates will be set for his sentencing.

YES! Good decision Judge! And thanks for the update!
 
Tuesday, April 16th:
*Set Sentencing Date Hearing (@ 10am PT) – British Columbia, Canada – M. S. (13) (last seen alive on July 18, 2017 at a local Tim Hortons, Burney B.C. & her body was found 5 hours later on July 19, 2017 in Burnaby’s Central Park, Vancouver) - *Ibrahim Ali (27 @ time of crime/28/now 33) arrested & charged (9/7/18) & indicted (11/25/19) with 1st degree murder. Plead not guilty. Held without bail. Vancouver Supreme Court
Police used a new & somewhat controversial “DNA dragnet” technique, after collecting DNA at the crime scene that indicated a suspect of Middle Eastern descent. (He is a Syrian refugee who entered Canada 3 months before murder).
Trial began on 3/17/23 with jury selection & ended on 3/23/23.
Trial began on 4/11/23. Crown rested their case on 11/17/23. Defense began on 11/20/23 & rested their case.
B.C. Supreme Court Justice Lance Bernard presiding. Crown prosecutor Isobel Keeley & Daniel Porte & defense attorney Ben Lynskey & Kevin McCullough.
Jury deliberated for 2 days (12/7 & 12/8/23) for ~ 4 hours. Verdict: Guilty of 1st degree murder.

Case & court info from 1/29/19 & Trial Days (4/28 thru 12/8/23) & Verdict Watch (12/7 & 12/8/23) & thru 4/8/24 reference post #337 here:
https://www.websleuths.com/forums/t...irl-13-burnaby-bc-18-july-2017.673539/page-17

4/9/24 Update: Motions hearing day 2. No info available. Motions hearing [Day 3] continued on 4/10/24. 4/10/24 Update: B.C. Supreme Court Justice Lance Bernard denies bid to toss Ali murder verdict for court delays. He gave his decision from the bench Thursday morning, saying his reasons would follow at a later date. Ali's next court appearance is scheduled for Tuesday, 4/16/24 when dates will be set for his sentencing. Ali is facing a mandatory life sentence with no parole eligibility for 25 years. His lawyers have already filed an appeal.
 

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