In a significant turn of events, an Ottawa man saw a first-degree murder case against him collapse for the second time before reaching trial due to prosecution management issues. Defense attorneys successfully argued that the right to a timely trial was violated in a case related to an alleged drive-by bounty killing that resulted in the deaths of two brothers in 2021.
Following a ruling by Superior Court Justice Ian Carter, Ahmed Siyad of Toronto left the Ottawa Courthouse, while co-accused Abdullahi “Avon” Osman, who has evaded two first-degree murder trials, remained in custody due to an outstanding warrant. The judge emphasized that when trial delays surpass the presumptive limit without exceptional circumstances, a stay of proceedings is the only viable solution.
The case, involving a double homicide and attempted murder, will not proceed to trial due to the violation of the right to a trial within a reasonable time, as established by the Supreme Court of Canada’s 2016 Jordan decision. Staying a charge halts the legal process temporarily or permanently.
Osman and Siyad were initially set for trial in June last year, but the case faced jeopardy due to delays. The trial was postponed when the defense requested data from two phones that had not been disclosed. Subsequent trial dates were scheduled for March this year, leading the defense to seek a stay of proceedings due to undue delay.
In response to the decision, Osman’s lawyer, Leora Shemesh, acknowledged the public’s desire for a trial but emphasized the importance of following the law. The lead investigator, Ottawa police Sgt. Chris O’Brien, explained that data from the phones of the deceased victims was withheld to protect privacy, as no relevant information was found.
The case involved Osman and Siyad facing charges of first-degree murder and attempted murder in the targeted killings of two brothers in a strip mall parking lot. The shooting, which occurred in broad daylight, was allegedly linked to bounties placed on the victims following a robbery in the Dominican Republic.
Osman had previously faced murder charges in a separate case in 2015, which were later withdrawn due to improper handling of a witness. Both Osman and Siyad were present in court as the judge delivered the decision, with defense counsel and assistant Crown prosecutors also in attendance.
