Pubdate: Sat, 09 Sep 2006 Source: Victoria Times-Colonist (CN BC) Copyright: 2006 Times Colonist Contact: http://www.canada.com/victoriatimescolonist/ Details: http://www.mapinc.org/media/481 Author: Richard Watts, staff writer MAN ACQUITTED IN SHOOTING OF DRUG DEALER The first person to face trial over the shooting death of suburban hoodlum Ravi Nutt was acquitted in B.C. Supreme Court Friday. Mohammed Said (Sid) Abu-Sharife was found not guilty of first-degree murder after a 29-day trial. Evidence was mostly circumstantial, based on taped cellular telephone calls, Abu-Sharife's criminal lifestyle, lies told to police, and the Crown's theory of a grudge. None of it, however, added up to a guilty verdict. "Mr. Abu-Sharife is not on trial for obstruction of justice or for being an accessory after the fact to murder or for acts of assault or for offences relating to drugs or narcotics," said Justice S. James Shabbits. "Notwithstanding his other unlawful conduct, in my opinion, the evidence does not establish that he was a party to Mr. Nutt's murder. I find him not guilty," said Shabbits, who heard the trial without a jury. Manjinder (Ravi) Singh Nutt, 24, died early Aug. 29, 2004, when a bullet entered the back of his head as he opened the door to his Lavender Avenue basement-suite home in Saanich. Testimony and evidence revealed Nutt to be a petty thug, small-scale drug dealer and associate of Abu-Sharife. Also charged with first-degree murder and facing trial next month is a 19-year-old man. He was 17, a few weeks away from his 18th birthday, when Nutt died, so has been charged under the Youth Criminal Justice Act which forbids publication of his name. The Crown's theory was that Abu-Sharife contracted the 19-year-old to kill Nutt because he was angry over the unsuccessful break-in at his home. Testimony during the trial revealed Nutt had orchestrated the attempted burglary. Testimony also showed Abu-Sharife learned of Nutt's involvement from information he gained when he beat a man, threatened that man with a Samurai sword and a gun, doused his pant leg with gasoline and threatened to set him on fire, asking him if he knew what it was like to smell his own flesh burn. But defence council pointed to other evidence showing Abu-Sharife and Nutt had made up after the attempted break-in. Evidence also showed the teen had become angry with Nutt when one of his friends was beaten up by a group of Indo-Canadians at a party and he was told Nutt was one of the assailants. Based on statements Abu-Sharife made to police, Shabbits decided the accused man knew the teen wanted to kill Nutt but did nothing. "The accused said in the interview that [the teen] made his own decision to murder Mr. Nutt and that his motive related to the Hindus," said Shabbits. "Mr. Abu-Sharife did tell the police that [the teen] had spoken to him about the murder before he committed it. Mr. Abu-Sharife did nothing about it," said Shabbits. The Crown also made much of telephone records showing Abu-Sharife making contact with a friend who was hanging out with Nutt the night he died. Other records showed Abu-Sharife phoning the teen close to the time of the shooting. The Crown said this showed Abu-Sharife keeping tabs on Nutt and tipping off the teen, who the Crown maintains was lying in wait. Shabbits said he didn't believe the telephone call to the friend hanging out with Nutt proved anything. And while he said the calls between Abu-Sharife and the teen were "suspicious," they proved nothing since the two often phoned each other over drug business. "There is no evidence about what was said. What was said is a matter of speculation," said Shabbits. "The accused and [the teen] were associated in the trafficking of prohibited substances, and they did have frequent telephone contact." The judge completely dismissed as unreliable evidence from an admitted cocaine and heroin addict with a long criminal record. That witness testified Abu-Sharife twice made vague references which the Crown said showed he was involved with Nutt's death. In the end, Shabbits said the Crown had failed to prove Abu-Sharife made any deal or agreement with the teen to kill Nutt. "I am of the opinion that the evidence did not establish or identify any specific act or transaction that the accused, Mr. Abu-Sharife, did do or omitted to do for the purpose of aiding [the teen] to commit Mr. Nutt's murder," said Shabbits. About 10 people from Abu-Sharife's family were in the courtroom and sobbed outside after the verdict, but otherwise refused comment. Abu-Sharife, appearing by video because of heightened security, wiped away tears. Members of the Nutt family left the courtroom grim-faced and refusing comment. Meanwhile, Abu-Sharife will remain in custody on a charge of conspiracy to commit murder. His lawyer, David Albert, said outside the courtroom that he expects to apply for bail soon. "In my opinion, the evidence does not establish that he was a party to Mr. Nutt's murder. I find him not guilty." - --- MAP posted-by: Larry Seguin