Hassan Dahis, 22, and Mohamad Moussa, 21, were originally charged with murder in what the Crown billed as a strong case, but both were offered a plea deal.
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But the murder case was actually weak and both accused killers were offered a plea deal that had them admit to lesser charges. Self-defence would have been a live issue had the trial gone ahead and the only eyewitness — Sylvain Pitre — has a foggy recollection, according to an agreed statement of facts filled in court.
She said her late father had a smile that made you smile right back. She also blamed the cocaine dealers for fuelling her father’s wife’s addiction. According to the agreed statement of facts, “at the time of the accused’s arrival only David Tobin and Sylvain Pitre were in the home. Upon casually letting themselves into the residence by the front door, Dahis, Moussa, and a third unidentified individual, immediately acknowledge Sylvain Pitre who was seated on the couch by calling him by known nickname “no shirt”. It appeared that the accused did not expect Sylvain Pitre’s presence, nor were they bothered by it.
Ertel, one of the defence lawyers, told the court there were significant failures when it came to police disclosure.
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