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OAKVILLE BEAVER Thursday, May 28, 2009 · 4 Mistrial declared in Brampton street death By Bob Mitchell TORONTO STAR A mistrial has been declared in the lengthy trial of an Oakville man accused of murdering a Brampton man in a street brawl in 2007. A sombre and disappointed Justice David Corbett delivered his decision Monday in a Brampton courtroom. Jurors were to begin their sequestered deliberations later this afternoon. They were selected to serve on Feb. 23 and have been hearing evidence since March 25. "I'm sure you're shocked and upset," Corbett told jurors before sending them home. He said it was with "sorrow and reluctance" Great Gift Ideas & Souvenirs for both the Home and Personal use: · Diffusers · Wind Chimes · Candles · Lanterns · Jewellery · Garden Stake · Wall Art · Baby Gifts · Wedding Gifts And Much More to Choose From! (between 3rd Line & 4th Line on the South side) (905) 827-9337 Crown's closing, and three with the defence. Had he delivered his corrective instructions, Corbett told jurors they might have viewed his "stern" criticisms as a "scathing indictment" on the Crown's closing, leading them to believe he was directing them to acquit Ramanathan. Crown prosecutor Cam Watson and defence lawyer David Bayliss delivered their closing arguments last week. The eight men and four women on the jury were scheduled to start their sequestered deliberations last Friday afternoon but were sent home when it became clear to Corbett that potential problems had arisen Both lawyers, critical of each other's lengthy closing remarks, reluctantly asked Corbett to declare mistrials for different reasons. Each claimed the other misAre you a Christian family looking for an education for your children? stated evidence and presented certain information improperly We've been providing private Christian education for to jurors during their day-long 50 years for children from JK through Grade 8 closing addresses. Call today to book your personal tour Corbett was extremely critical 905-829-8048 x300 of the Crown's decision to tell jurors they need not agree on the murder weapon -- either a knife or a beer bottle -- to convict, 2232 Sh id G D 2232 Sheridan Drive, Oakville when he had previously ruled Simplicity and elegance in... that he had to declare a mistrial, and apologized for what he said turned out to be a "waste of time." Sujenthan Ramanathan, 20, pleaded not guilty to seconddegree murder in the death of Amrinder Singh Atwal, also 20, which occurred after the fight on May 12, 2007. Ramanathan has been in custody for the past two years and will remain in detention at least for the time being. His lawyer has given notice he intends to seek bail for his client pending a new trial. In deciding to call a mistrial, Corbett told jurors today that he determined he would have had to make corrected instructions on 14 different problems with the "I'm sure you're shocked and upset." Justice David Corbett jurors couldn't take the beer bottle as the weapon for the two fatal wounds. He had ruled the Crown would have to prove the fatal wounds were caused by a knife. Corbett described his move to declare a mistrial as a "difficult decision," but one that was necessary to ensure Ramanathan had a fair trial, noting that the "future of his entire life" would be affected by the jurors' decision. Atwal died soon after the fight in hospital from massive blood loss. He was stabbed nine times, including two fatal wounds: one to his heart and one that entered his back and went through his shoulder into the chest cavity. Watson alleged that Ramanathan was the sole assailant. He corrected his mistake later during his closing arguments, telling jurors that all of Atwal's wounds were caused by a knife. Ramanathan denied having a knife that night. But he admitted fighting with Atwal and repeatedly stabbing him in the neck and shoulder with the jagged edge of a broken beer bottle. He also admitted later kicking Atwal in the head. A forensic pathologist testified the fatal wounds were caused by a knife but that the seven non-lethal wounds could have been caused by a knife or a beer bottle. It was the defence's case that Ramanathan attacked Atwal in self-defence after the victim first struck him over the head with a beer bottle, and that none of the wounds he inflicted led to Atwal's death. Bayliss told jurors police charged the wrong man with the crime. He alleged that Ramanathan's friend, a youth identified as KC, was the real killer and the only person who had a knife that night. Ramanathan admitted throwing that knife into a sewer. Baylilss suggested Atwal might have been accidentally stabbed by one of his own friends during the frenzied brawl between two groups, described as Sri Lankan Tamils and Indian Punjabis attending a backyard barbecue at a home on Culture Cres. For jurors to convict, they must decide "neither" of the other two possible suspects killed Atwal, Bayliss told jurors. Watson told jurors it was "a knife or nothing," suggesting they could acquit the accused if they believed he didn't have a knife. Ramanathan not only got rid of KC's knife that night, but also threw away the knife he used to kill Atwal, Watson told jurors. Ramanathan got rid of his red shirt, used an alias to book a hotel room, and lied to police - all actions of a guilty man, according to Watson. Atwal also suffered non-fatal wounds to the back of his neck and to his right ear, upper left arm, left shoulder and left elbow. Police never recovered the murder weapon, which they said was a knife, or Ramanathan's red shirt, which Watson suggested was destroyed because it was stained with Atwal's blood. -- Torstar News Service Oakville Restaurant SENIOR CITIZEN'S 10% OFF Style Bath When you are here you are like family! 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