CALGARY — A Calgary judge has reserved his decision whether to allow the release of a teen co-accused in the death of 37-year-old Sgt. Andrew Harnett.
Amir Abdulrahman, 19 is charged with first-degree murder.
“The bail application is being made here because we believe that there is grounds in the criminal code by which this young man should be released,” said Abdulrahman’s lawyer, Balfour Der, outside court.
“Expect that if this young man is released, it would be under conditions that are very, very strict, that would no doubt include him being in constant presence of one of his parents, house arrest, it would be terms like that should he be released.”
Evidence heard during the bail hearing is protected under a publication ban.
Crown prosecutor Michael Ewenson argued Abdulrahman should remain in custody pending trial.
Police allege Abdulrahman was a passenger in an SUV Harnett pulled over during a traffic stop in Falconridge on New Year’s Eve.
Harnett was hit and dragged and police say a second, unrelated vehicle came into contact with him on the road.
Paramedics and other officers on scene tried to revive Harnett but he died in hospital about an hour later.
Abdulrahman, along with a co-accused who was 17 years old at the time and cannot be identified under the Youth Criminal Justice Act, turned themselves in to police on New Year’s Day.
Abdulrahman was wanted on outstanding warrants, including for assault and failing to appear in court, at the time he was arrested.
Ewenson has indicated the Crown will be considering a direct indictment, which would mean the case would go directly to trial without a preliminary inquiry.
“It’s less of a concern in a case like this because so much of the evidence is based on the body-worn camera videos from the police officers and we don’t need to test witnesses in that scenario,” said Der.
Court of Queen’s Bench Justice David Gates will deliver his decision at a later date.
A youth court judge has already denied bail to the alleged driver of the SUV, who is now 18.
Police are still looking for a third person in the vehicle to come forward. Police said the passenger is believed to be a witness in the case and was a passenger in the back of the SUV.
Anyone with information is asked to call police at 403-266-2134.