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What the jury doesn’t know | Al Ballouz considered a ‘good character’ defense, but reversed course

(Longueuil) After a month of trial, the jurors began their deliberations on Saturday to determine whether a father murdered his partner and their two sons in 2022. The jury, however, is unaware that the accused wanted to have 24 people testify to expose her ” good character” and “domestic violence” in their relationship.


Posted at 4:10 p.m.

Mohamed Al Ballouz, who became a woman named Levena Ballouz during the legal process, is on trial for the second-degree murder of his partner Synthia Bussières and the first-degree murders of his sons Zac, 2, and Eliam, 5. She faces life in prison if convicted.

According to the Crown, Mohamed Al Ballouz killed Synthia Bussières with 23 stab wounds on the evening of September 24, 2022, in their condo in Brossard. Then, after drinking two beers and eating a meal, the father planned the worst: to kill his sons by suffocating them with a pillow. He allegedly cleaned up the scene, changed clothes, started a fire with incriminating objects and attempted suicide by drinking windshield washer fluid.

PHOTO FILED AS PROOF

The two children and the accused were found in this bed. A charred pile at the foot of the bed.

The accused – who represents herself without a lawyer – did not offer a defense. But in her pleading, she put forward another hypothesis: Synthia Bussières “lost her mind” and killed their sons during her absence. She orchestrated a scene to incriminate her partner, then tried to kill him by surprise, according to this theory.

The jury must be convinced beyond a reasonable doubt of her guilt to find her guilty. The 12 jurors must be unanimous. All verdicts are open, including acquittal and manslaughter. Until then, the jury is cut off from the rest of the world. This is why the media can now publish information unknown to the jury. For example, “out-of-jury” discussions between parties.

When the Crown finished its case at the end of November, the accused asked Judge Eric Downs to be acquitted of the murder charges outright. The judge rejected this request for “directed verdicts”. According to the judge, the Crown’s evidence allows it to be inferred that the accused killed her partner and her sons.

Levena Ballouz was then determined to defend herself. But his “friend of the court” – an independent lawyer with an assisting role – was very concerned about a “significant and recent” change of course in his strategy.

“The defense did not understand the legal repercussions of its strategic choices,” argued Mr.e Harout Haladjian.

Separated for a year?

The accused wanted to have 24 people testify, mainly relatives, friends and colleagues of Synthia Bussières. However, nine of them contested their summons to testify, in vain. Moreover, at the start of the trial, the accused tried to prevent Synthia Bussières’ mother and other relatives from attending the trial, as she had summoned them to testify. The judge refused.

By calling all these witnesses, the accused’s objective was to demonstrate her “good character” and to expose “the arguments, the alcohol abuse, the domestic violence and the financial aspects of the couple”, summarized the judge in a decision. This is the only time during the trial that domestic violence was mentioned. Remember that no motive was mentioned before the jury.

The accused has always remained very vague about her defense and the state of her relationship with her partner. But questioned by the judge, Al Ballouz explained that the “process” of separation with Synthia Bussières had begun a year before the murders “until the very day of the event”.

PHOTO FILED AS PROOF

A family portrait found in the apartment.

About-face by the accused

The morning she was to begin her defense, the accused announced that she no longer wanted to present a defense. The friend of the court seemed baffled by this “drastic” decision. “It was going well last night. What happened between 10:05 p.m. yesterday and this morning? I am concerned about the free and informed aspect of the decision,” said Mr.e Haladjian at court.

Judge Downs, however, was not “surprised” by this about-face. “She has already dismissed lawyers. She changed her position several times with requests,” he summarized.

Several days were then devoted to preparing the defense argument. Its first version was full of unacceptable elements. The judge then forced the accused to go back to the drawing board twice. Its second version of 30 pages contained “inappropriate comments”.

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