Canada
Retrial delayed so suspect can pray

Exterior shots of Calgary Courts as a 12 year old made his first appearance for sexual assualt. Thursday January 5 2012.

Credits: DARREN MAKOWICHUK/CALGARY SUN QMI AGENCY

KEVIN MARTIN | QMI AGENCY

CALGARY - The retrial of a pair of men charged in the gun-for-hire killing of a local businessman was delayed Tuesday so one of the accused could say his prayers.

Defence lawyer Adriano Iovinelli told court that sheriff's officers seized Mohamed Karim's prayer sheet, so his client couldn't conduct his morning religious duties.

Iovinelli requested Judge Beth Hughes order the document returned to Karim and asked that the commencement of his retrial for first-degree murder be delayed two hours so Karim could say his prayers.

Hughes asked the sheriff's officers why they seized the paper and was told any loose sheet is considered contraband.

Hughes ordered that the document be copied and then returned to Karim and adjourned the trial until after lunch.

Karim and co-accused Robert Deer are both charged with first-degree murder in the death of Morbank Financial president Jack Beauchamp, 49, who was shot six times in his downtown office on Jan. 16, 2006.

Both men were convicted of first-degree murder in October 2007 after jurors ruled Deer had hired Karim to go to Beauchamp's office to kill him.

In late 2010, the Alberta Court of Appeal ordered new trials for both men because of problems that arose when they testified.

On the stand, Karim admitted shooting Beauchamp, but said it was in a panic and he never intended for him to die. He refused to answer questions about Deer.

Karim's refusal prejudiced Deer, the appeal court ruled. The problem was compounded when Karim's then-lawyer asked the jurors to speculate on what his client held back.

Similarly, Karim wasn't given a fair trial because Judge Barb Romaine didn't allow him to reopen his case to address allegations he attempted to extort money from Deer, the appeal court ruled.

There's no jury for the retrial, which is set to last five weeks.

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