Sexual assault trial cancelled after Crown decides to proceed by indictment

By Delon Shurtz - Lethbridge Herald on October 11, 2022.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

The trial for a 20-year-old man charged last year with multiple offences relating to a human trafficking case, has been cancelled.

Abdullah Mohammad was set to stand trial Friday in Lethbridge provincial on one count of sexual assault, but it was cancelled after the Crown re-elected to proceed by indictment, which allows for longer custodial sentences and/or higher fines.

The offence of sexual assault is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years, if the Crown proceeds by indictment. If the procedure is by summary conviction, the offender is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day.

Mohammad was initially facing charges of sexual assault, sexual contact with a child, sexual assault as a party to the offence with another person, sexual counsel of a child, sexual assault of a person under the age of 16, trafficking in persons, and two counts of aggravated sexual assault. However, all but the charge of sexual assault were withdrawn earlier in the summer by Specialized Prosecutions out of Calgary, which also re-elected to proceed by summary conviction rather than by indictment.

During Friday’s court hearing, provincial Crown Prosecutor Michael Fox changed the Crown’s election once again, which prompted Lethbridge lawyer Marcus Mueller to seek an adjournment of the trial so he can discuss the impact of the change with his client.

Although the trial was set to run in provincial court, Mueller pointed out his client had previously elected to be tried by a Court of King’s Bench judge, and defence may consider that again, given the Crown’s decision to proceed by indictment.

Mohammad’s matters are scheduled to return to provincial court later this week for defence election,

The charges stem from a police investigation in which 10 individuals were arrested in August 2021. Police alleged that eight men and two youth from Lethbridge and Calgary selected and groomed a 15-year-old girl and took her to specific locations where sex offences occurred. The individuals had also engaged in sexual activity with a 13-year-old girl, and three additional complainants came forward later in connection with the investigation.

Separate trials have been set for most of the accused for either later this year or in 2023. One of the youths, who can’t be identified because of his age at the time he was charged, was set to resolve his matters on Oct. 3, but it was adjourned after his lawyer became ill and couldn’t attend court. The other youth resolved his charges in March when he pleaded guilty to two counts of sexual assault against two girls, and was given a two-year deferred custody and supervision order, to be served in the community.

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