According to a “low resolution” video that was shown in court, a barbecue pick was used to cause the injuries. However, “no judge would be able to conclude who is who in there,” believes Court of Quebec judge Alexandre Tardif, to which the criminal and penal prosecutor Me Magalie Sheehy responded that the images could be slowed down. “which would allow the sequences to be seen optimally”.
“This is a family conflict that extends over time,” describes Mr. Sheehy. We perceive an escalation in the violence used. […] The fight starts mutually between the fathers. An exchange of blows ensues. Monsieur is going to get a barbecue pick. […] There was then a lull between the first fight and the rest, where we used the barbecue pick.
According to Magalie Sheehy, Hassan would have “used the weapon against Mohammad Saied”, would have “not stopped his gesture when he fell to the ground, he who seems seriously injured” and would have “continued everything while brandishing in the airs [le pic] and running towards Kahled Saied.
Another person was allegedly stabbed in the arm, but this gesture was not captured by the camera.
Hassan’s lawyer, Me Julie Beauchemin of Legal Aid, doubts the high probability of conviction because of the “very poor quality” of the video, “several important actions outside the frame” and the “disturbing elements only reported by testimonies of interested persons. “In view of this video, there is clearly the presence of a potential defense of self-defense,” she thinks.
Other releases
In addition to Hassan, Mohammad Saied, 40, was also released earlier this week. His sons Moussa and Khaled were arrested as soon as they appeared. In this story, only Nayf Saied is still detained, he who was facing other charges for actions allegedly committed in another context.
Judge Tardif said he was “concerned” about the outcome of the relationship between the people involved, but “nothing leads him to believe that there is a marked probability that other acts of the same nature will occur.”
Communication bans between the parties have been ordered by different judges. “Nothing allows the court to doubt that they will not respect these prohibitions,” adds Judge Tardif.
“In the circumstances, although it might be prudent to keep Mr. Hassan detained to avoid any risk of reoffending, clearly detention is not necessary for the protection of the public or to avoid harming the administration of justice,” he adds.
He also believes that the release of the accused “while we shed light on what happened that day” does not harm public confidence in justice.
If he breaks his release conditions, Hassan will have to post his $500 bail. He must also be present in court when required and stay at a home other than his own and stay at least 50 meters from Lavigerie Boulevard. He will not be able to go see the Saied family or communicate with them.
