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."