In a decision handed down on Monday, the top court in Alberta ruled that a Calgary man serving a life sentence for two counts of murder should not have been convicted. The Alberta Court of Appeal cited significant flaws in the trial judge’s evaluation of the evidence, leading to what they deemed an unreasonable verdict.
Gerald Benn, who has been incarcerated since September 2020, will now be released from prison following the court’s decision to overturn his convictions and enter acquittals. The court concurred with Benn’s appeal lawyer, Alias Sanders, stating that the evidence presented was insufficient to support a conviction.
The case stemmed from a shooting incident on August 8, 2020, in Calgary’s Sandstone Valley, where three men were shot inside a vehicle resulting in the deaths of Abas Ahmed Ibrahim and Mohamed Khalid Shaikh, with Dimetri Marr surviving the attack. Despite the trial judge’s initial ruling based on fingerprint and DNA evidence linking Benn to the crime scene, the appeal court highlighted discrepancies and raised concerns over the quality and reliability of the evidence used in the trial.
One of the key points of contention was the limited number of Benn’s fingerprints found on a Walmart bag at the scene, with the majority of the prints remaining unidentified. Additionally, Benn’s DNA was discovered on a Wendy’s bag, but no evidence was presented regarding the circumstances of its deposition. The court also criticized the reliance on grainy CCTV footage to draw conclusions about the shooter’s identity, highlighting the potential bias in comparing low-quality images to high-resolution photos of the suspect.
Moreover, the appeal panel noted the absence of Benn’s fingerprints inside the vehicle despite video evidence showing the shooter interacting with the car. The lack of any proven connection between Benn and the other individuals involved in the incident further raised doubts about his alleged role as the shooter.
The court’s decision emphasized the need for a more thorough evaluation of the evidence, pointing out that the totality of the facts presented during the trial should have raised reasonable doubt about Benn’s guilt. Following the appeal, Benn is set to be released from custody, marking the culmination of a legal battle that has spanned over five years.