By Nigel Maxwell
Recalling her younger brother’s sense of humour and ability to make anyone smile, Shivon Venne fought back tears as she stood outside Prince Albert’s Court of King’s Bench.
Less than 10 minutes earlier, Keegan Nelson-Smith, the man who was charged in the June 2020 death of Muhammad Venne, was found not guilty.
Reading from his 70-page decision, Justice R.W. Danyluk explained the Crown failed to meet the burden of proof.
“The only thing I can say is it’s emotional. It’s hurtful on the heart, but (the judge) has his reasons, I guess,” Shivon said.
Venne, who was 29 at the time of his death, was stabbed multiple times during an altercation outside a house at Bell’s Point where family members had gathered for a wake. Venne was transported by ambulance to hospital and pronounced deceased.
Nelson-Smith’s trial took place last month and lasted about a week.
While several witnesses testified to seeing Nelson-Smith fight with Venne, several concerns arose relating to reliability, given the fact everyone was drinking heavily that night and it was also very dark.
Another point of contention was what the assailant was wearing. While a number of people recalled the assailant dressed in dark clothing, Nelson-Smith was observed on video wearing light clothing.
And while another witness testified Nelson-Smith was wearing a blood-stained jacket, the jacket was never found. Defence lawyer Michael Nolin also inferred it was someone else who fought with Venne, and due to the gang-related ties of the incident, a decision was made to throw Nelson-Smith under the bus.
Reflecting on the court process, Shivon explained it was devastating to have to relive the day over and over again. And while acknowledging her own grief, she also noted her brother leaves behind a young son.
“He is in counselling because of the dramatic and traumatic loss he’s experienced, so we are doing our best to make sure he knows he’s loved and cared for,” she said.
Prior to reading his decision, Danyluk addressed the family members.
“Nothing I can do or say will bring him back to you,” he said.
Danyluk explained every accused is innocent until proven guilty, and the onus is on the Crown to prove guilt beyond a reasonable doubt.
Crown prosecutor Muhammad Zubair told paNOW he will need some time to review the lengthy decision before making a decision on whether to appeal.
“Any decisions that need to be made following a decision being rendered in court come from head office,” he said.
When asked about the challenges involved in this specific case, Zubair noted the burden to prove guilt beyond a reasonable doubt is very high, adding there were a lot of civilian witnesses.
“The main challenge would just be the deterioration of peoples’ memory,” he said.
Upon hearing the verdict, Nelson-Smith was observed in the prisoner’s box reaching for a Kleenex.
Multiple members of his family were also present in court, but avoided speaking to reporters.