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Jury deliberates in Don Jail death trial

The fate of a former Don Jail inmate accused of manslaughter is now in the hands of the jury in a case that includes questionable witness testimony, Toronto criminal lawyer Joseph Neuberger said in his closing address.  Read Prior Story 

Neuberger represents Said “Mo” Mohamed – one of five men accused of killing Kevon “Muscles” Phillip inside the notorious Toronto jail in 2010. All are charged with second-degree murder except Mohamed, who is charged with manslaughter, the National Post reports.

Phllip was allegedly dragged into a cell and beaten for 20 minutes, suffering fatal head and neck injuries, the Post reports, noting the motive was allegedly linked to the jail’s volatile power structure.

In his closing, Neuberger zeroed in on testimony from two former Don Jail prisoners, questioning their credibility.

“Neither told the truth when first interviewed by police, neither made notes about what happened to assist them with their recollection at the time they gave statements or for when they testified before,” he told jurors. “Neither have a history of living a healthy honest life. What if they are simply getting it wrong, or is it possible they are filling in gaps implicating people for some other motive or purpose?”

He continued: “People with criminal records like (these individuals) are witnesses that you must be very careful about when relying on them alone to find facts.

"Witnesses like these manipulate other people with the ease that you and I brush our teeth."

There is “no reliable evidence” placing Mohamed in the cell where the attack occurred, or proving that he participated, said Neuberger.

“At the very least, on this evidence, in my humble submission, it is very unsafe to conclude beyond a reasonable doubt that my client is guilty of the offence charged,” he said.

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