The Crown and defence have made final arguments in the murder trial of a man charged after he killed a co-worker at the Sundre McDonald's restaurant in July 2022.
Solaimane Elbettah faces a first-degree murder charge in the death of Josh Burns. Elbettah has pleaded not guilty to the charge.
His Calgary Court of King’s Bench trial before Justice Glen Poelman got underway on March 26, was adjourned March 29, resumed on June 4, was adjourned on June 7, and continued on Sept. 27.
According to an agreed statement of facts presented during the opening of the trial, Elbettah admitted killing Burns with a machete as the two worked at the restaurant late on July 3, 2022.
Elbettah’s lawyer Pawel Milzcarek is pursuing a not-criminally-responsible defence. Prosecutor Vince Pingitore is appearing for the Crown.
Testifying for the defence in June, Dr. Cynthia Baxter said she believed Elbettah suffered from delusions and hallucinations that caused him to believe demons were controlling him. She diagnosed Elbettah as suffering from schizophrenia.
Testifying for the Crown, also in June, Dr. Yuri Metelista said he did not believe Elbettah was suffering from schizophrenia when he attacked and killed Burns.
During the Sept. 27 session, defence lawyer Milzareck argued that Elbettah was suffering from a disease of the mind at the time of the killing and therefore not criminally responsible.
“He killed a defenceless teenager when the disease overcame his mind during a moment of stress,” said Milzareck. “There is evidence of hallucinations, which is the whispering of demons. Mr. Elbettah began experiencing symptoms of schizophrenia (prior to the killing).
“The evidence in support of the ultimate diagnosis, I would say, is significant. He has fixed, false beliefs about demons, his co-workers, his mother, his grandmother, and these were expressed to all manner of people, professionals, friends and family.
“No reasonable person in the circumstances would have done the same thing absent his mental disorder. Mr. Elbettah is a desperately mentally ill and was so at the time of the actions. He was not capable of knowing his actions were wrong and the court should find him not criminally responsible.”
Also during the Sept. 27 court sitting, Crown prosecutor Pingitore argued that Elbettah killed Burns out of frustration and anger at what he perceived to be disrespect on the part of the decedent.
“He was filled with rage on the night of the killing,” said Pingitore. “He felt immense stress in the workplace which culminated in his rage and ultimately the killing of the decedent. The demons did not make him do it. He was not commanded by some supernatural being to kill the decedent. He was fully capable of understanding what he did and knowing it was morally wrong.
“There are a culmination of events (at the restaurant) that led to him being filled with rage. And it is at that point that he formed his plan to kill the decedent. There was no profound delusion at the time of the killing.
“The bottom line is that this court cannot be satisfied that the accused was incapable of appreciating the nature and quality of his act and knowing that it was morally wrong.”
Elbettah did not speak during the Sept. 27 court appearance. He appeared to be attentively following the proceedings throughout the session.
Burn’s father attended the Sept. 27 court session. Speaking to the Albertan outside court, he said the trial process has been lengthy and difficult.
“I just wish it was all over,” he said.
Justice Poelman adjourned the case until Oct. 25 when a date for decision will be set.
Elbettah has remained in custody since a short time after Burns was killed.
If convicted of first-degree murder, Elbettah would face 25 years in prison before being eligible for parole. If found not criminally responsible, he could see an indeterminate sentence in a medical facility.
