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Alnaz Jiwa NOT guilty of Criminal Assault - 2012-05-30
The trial judge held, after reading his judgment for about 35 to 40 minutes, that Jiwa is not guilty. He essentially rejected all of the plaintiff's witnesses' evidence respecting the incident that happened in Unionville JK, going over in details the evidence given by the witnesses.
The trial judge slammed Mehboob Kamadia's evidence the most, "I also find the intervention of Mr. Kamadia to be an important catalyst as to how the events that followed unfolded. ", essentially pointing to him as the cause of the trouble at JK that night, saying that he exaggerated his evidence, gave false statement to police that night, that he speculated in one specified point without any evidence, and held that he was motivated by animosity.
Details and Comments are posted Here
The Judge also said:
"I find that Mr. Jiwa was also a defendant in a civil matter, the plaintiff being either the Iman or agents of the Iman, the spiritual leader of the particular religion of both Mr. Jiwa and Mr. Kara. I find and accept that Mr. Jiwa defended that action.
I find on the evidence that Mr. Jiwa’s defence of this matter caused a number of people in that particular religious community to be offended, as the defence to the action was seen as an affront or challenge to the authority of the Imam. I find there was hostility directed to Mr. Jiwa by Mr. Kara on December the 30th, 2010 as a result of what was perceived to be a challenge by Mr. Jiwa to the authority of the spiritual leader. "
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Judgment Acquitting Alnaz Jiwa of Assault - full text of REASONS - 2012-05-30
Posted June 22nd, 2012 by heritageInformation No. 11-00381
ONTARIO COURT OF JUSTICE
5
HER MAJESTY THE QUEEN
v.
ALNAZ JIWA
15
R E A S O N S F O R J U D G M E N T
20
BEFORE THE HONOURABLE JUSTICE W.A. GOREWICH
on May 30, 2012, at NEWMARKET, Ontario
25
APPEARANCES:
30 A. Barkin Counsel for the Crown
M. Syed Counsel for Alnaz Jiwa
1.
WEDNESDAY, MAY 30, 2012
R E A S O N S F O R J U D G M E N T
GOREWICH, J. (Orally):
Alnaz Jiwa is charged that, on the 30th of December 2010, he committed and assault with a weapon on Mansurali Kara.
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