Pages

April 13, 2017

Jury selection begins in high-profile murder at café in Toronto’s Little Italy during a soccer broadcast

The scene of the 2012 shooting at the Sicilian Sidewalk Café in Toronto
Postmedia News

TORONTO — Four men accused in a high-profile murder — the 2012 shooting of a man on a crowded downtown Toronto patio as patrons watched a European Championship soccer game — sat in separate, glassed-in boxes Friday appraising potential jurors for their trial as jury pool members were looking back at them.

Prosecutors allege Dean Wiwchar, 31, of Vancouver, killed 35-year-old Toronto resident John Raposo on June 18, 2012, at the Sicilian Sidewalk Café on College Street, “for and with the encouragement and/or assistance” of his three co-accused: Nick Nero, 40, of Niagara Falls; Rabih Alkhalil, 29, of Ottawa; and Martino Caputo, 43, of Toronto.

They are charged with first-degree murder and conspiracy to commit murder. All pleaded not guilty.

A shooting in such a public place — in daylight on a crowded patio in a boisterous section of Toronto’s Little Italy — made it an alarming and high-profile crime.

The intense publicity of the shooting and its aftermath was a concern for lawyers, and each potential juror was asked if they had read or heard of the incident, either in the media or in discussion with others.

For those would-be jurors who said they remembered the incident, they were then asked if they could set aside whatever they may have heard and reach a verdict based only on evidence heard in court.

Alex Tavshunsky for National Post

Despite the concerns over the publicity, most people said they didn’t recall the shooting or had only a vague memory of news reports.

During jury selection, lawyers for the accused, and the Crown prosecutor, each have a limited number of jurors they can say no to, without having to give a reason, often after brief discussions with their clients.

As the lawyers are asked if they are content with the juror or challenge their suitability, the court asks the would-be juror and the accused to face each other.

On Friday, challenges happened often.

Related

  • Police heap pressure on Canadian crime family by seizing $1.4M in properties
  • Alleged hit man in brazen Little Italy killing to mount Charter challenge over seized guns
  • Drug kingpin implicated in brazen Toronto mob hit linked to similar killing in Vancouver

Justice Robert Clark also rejected many potential jurors, usually because of medical problems, travel plans, difficulty understanding English or because jury duty would create a financial hardship.

Jurors were warned the trial could last 10 weeks.

After a day of vetting, 10 jurors were chosen and sworn in by the end of court Friday. Another four are scheduled to be selected Monday. Only 12 are expected to deliberate on a verdict but two alternates are also selected to hear the evidence in case a juror is dismissed or unable to continue during the trial.

The trial is set to begin Wednesday when the Crown is scheduled to make its opening statements.

• Email: ahumphreys@nationalpost.com | Twitter: AD_Humphreys

No comments:

Post a Comment