A jury began deliberating Thursday in Whoody Aristilde's high-profile murder trial, the young man accused of killing rival gang member Gabriel Dominique in St. Leonard in February 2007.
In a last-minute admission, witness Sebastien Calixte admitted he was the shooter, not Aristilde, throwing holes into the prosecution's case.
The admission may be enough to make the 12-member jury acquit Aristilde on grounds of reasonable doubt.
Despite his admission, Calixte can not be charged in the crime, because Article 13 in the Charter of Rights and Freedoms protects witnesses who incriminate themselves when testifying.
Article 13 reads:
"A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings."
Labrie believes the jury should have been made aware that Calixte would be given immunity, despite the admission.
"This is an aspect of the file we would have liked the jury to know -- the fact the witness has constitutional protection about the testimony he gave in court," he said.
The jury was not made aware of this clause, because it could skew their belief in the witness's testimony, said legal expert Robert Lahaye.
"It would be easy (for the witness) not to be believed and prevent a fair trial for the accused, because (his testimony) might be true," said Lahaye.
Still, the prosecutor Jacques Labrie said he has a solid case built on an eyewitness and a video where Aristilde is shown giving the murder weapon, a .357 magnum, to someone else, while on board an STM bus immediately following the attack.
Deliberation continues Friday.
