Lukas Strasser-Hird murder trial hears final arguments from prosecution and defence

Lawyers for the four young men accused of murdering Lukas Strasser-Hird in a swarming and stabbing attack in Nov. 2013asked jurors to acquit their clients in final arguments made on Thursday, while the prosecution told the panel it should return with convictions.

Franz Cabrera,JochSimonPouk,Assmar Shlah andJordanLiaoare all on trial for second-degree murder.

A fifth man, NathanGervais, was charged with first-degree murder,butdisappeared weeks before the trialbegan whileon bail and remains at large.

On Monday, the jury will get final instructions from Justice Glen Poelman before begining deliberations.

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Franz Cabrera

In his final arguments, Franz Cabrera's lawyer asked the jury to acquit his client of second-degree murder,

"You can't convict a young man of murder because he said stupid things when he was drunk," said Gavin Wolch.

"After scores of witnesses and weeks of trial there is absolutely no evidence of anybody saying they saw Franz Cabrera stab anybody," said Wolch.

"There is not a single witness who can put a knife in his hand."

Wolch repeatedly told the jury that the Nathan Gervais was responsible for stabbing Strasser-Hird.

"Nathan Gervais fled the jurisdiction to hide from the prosecution and to hide from you," said Wolch.

"Stab wounds caused the death, not punches or kicks."

Earlier in the trial, the jury heard evidence of text messages sent from Cabrera to Gervais.

"Bro, I stabed (sic) someone for Asmar," wrote Cabrera. "I think I killed him, I'm hiding in an alley."

But Wolch argued those text messages were also drunken ramblings.

Crown prosecutorKen McCaffreysaid there was "nomerit" to the drunkenness argument and dismissed the claim that Gervais was the only one responsible for stabbing Strasser-Hird.

BlamingGervais, saidMcCaffreyis "convenient but not true."

"NathanGervaisstabbed Lukas," saidMcCaffrey. "But so did Mr. Cabrera."

He pointed out that witnesses testified Cabrera said that he confessed to almost killing someone over an argument at the Vinyl coat check.

And he reminded the jury that Cabrera's keys were found at the scene covered in Strasser-Hird's blood.

Joch Pouk

Though Joch Pouk admitted to punching and kicking Lukas Strasser-Hird, his lawyer David Chow told jurors his clients actions "did not cause the death."

"At no time did he ever possess a weapon, did he ever use a weapon, did he ever stab Lukas," said Chow.

Pouk testified in his own defence earlier this week.

"Mr. Pouk was in a fight...he did assault Mr. Strasser Hird but he didn't cause the death, he's not guilty of murder and he's not guilty of manslaughter."

Chow also pointed out evidence that it was Nathan Gervais who stabbed Strasser-Hird.

"My client didn't know him, they weren't associated," said Chow.

But McCaffrey reminded jurors of awitness who said Pouk kicked Strasser-Hird in the head. The victim's blood was found on one of Pouk's shoes.

"He stomped and kicked Lukas in the face," said McCaffrey. "That's how he knew Lukas' teeth were kicked out."

He also made statements to an undercover officer, saying he was "f**ked" and might have to do 15years."

"He committed this crime with his eyes wide open with the intent to murder," said McCaffrey.

AssmarShlah

Assmar Shlah's lawyer Balfour Der told jurorsthere was no evidence that his client was acting in concert with the other accused.

When Shlah testified in his own defence on Wednesday, Der says his demeanour was "excellent" and that jurors should taken into account his shocked reaction to learning from police that someone had died.

Calgary police release video of Assmar Shlah in custody after Calgary swarming death

8 years ago

Duration 0:40

Assmar Shlah is one of four men charged with second degree murder in the 2013 swarming and stabbing attack of Lukas Strasser-Hird outside a Calgary club.

Der also had problems with the identification process.

Strasser-Hird's DNA was found on Shlah's shoes but Der said it wasn't in a pattern consistent with kicking or stomping the victim.

But McCaffrey told the jury that the witness who testified Shlah punched Strasser-Hird while he was on the ground, should be believed.

It was Shlah, according to McCaffrey, who was responsible for instigating the first fight.

Earlier in the trial, court heard evidence that Shlah caused a kerfuffle at the coat check as he was leaving.

"His behaviour at the coat check was the spark that lit the flame for that night," said McCaffrey.

Shlah testified that he was punched in the face and was bleeding. He said he went to the alley after leaving because he heard someone calling.

"In no way, shape or fashion did he present as a truthful witness," said McCaffrey.

"If he was in the alley the next question is 'did he do anything?'" said McCaffrey. "I suggest the answer to that question must be a resounding yes."

JordanLiao

JordanLiao's lawyerRyan Claxtonargued there were problems with the photo line-up andmuch of the Crown's case hinging on eyewitnessidentification.

"These are sober bouncers on 10thAvenue on a well-lit street and they can't recognize and give descriptions of people," said Claxton. "Yet some of these witnesses claim to do that in the alley in the dark in the midst of the chaos. It doesn't make any sense."

Claxton said Liao is on trial for murder because of "misidentification," and remindedjurors thatStrasser-Hird'sDNA was not found on his client or vice-versa.

"[He] was somewhere else when all this was going down in the alley," said Claxton.

But the Crown said there were no issues with the line up and the witness identification evidence was strong.

Another witness, said McCaffrey, gave evidence that he saw Liao kicking Strasser-Hird in the face while he was on the ground.

"I strongly suggest you should not believe the accused," said McCaffrey.

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