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Robert Daignault was instantly concerned within the stabbing dying of Uber driver Kasif Hirani and is responsible of manslaughter, a Courtroom of King’s Bench choose dominated Wednesday.
Justice Eleanor Funk concluded essential proof given by Daignault’s co-conspirators to implicate him within the slaying itself was “untrustworthy” given the lies and inconsistencies concerned.
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However she dominated different proof that adopted the killing indicated Daignault’s guilt in killing Hirani, who was stabbed 39 occasions and left on the facet of a rural street close to the Springbank Airport on Dec. 19, 2019.
“Mr. Hirani was brutally murdered,” Funk acknowledged in her determination.
“I discover on the very least (Daignault) held Mr. Hirani as he struggled . . . Mr. Daignault participated on this brutal assault.”
Even when Hirani hadn’t been stabbed and easily left on the distant street on a freezing morning, “Mr. Daignault knew or must have identified Mr. Hirani was uncovered to hazard.”
Daignault, 54, was initially charged with first-degree homicide in Hirani’s dying.
However final 12 months, prosecutor Britta Kristensen instructed courtroom she was solely searching for a manslaughter conviction towards Daignault after analyzing the proof of star witnesses Trista Tinkler and Andrew Christal, each of whom have additionally been convicted of manslaughter within the case.
She mentioned there have been ample consistencies of their variations of what led to the deadly stabbing of Kasif Hirani for Funk to seek out Daignault took half within the confinement and theft of the Uber driver which preceded his deadly stabbing.
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On Wednesday, Funk mentioned Tinkler and Christal’s statements to police and courtroom testimony towards Daignault was extraordinarily suspect.
“(Tinkler) used totally different variations of occasions at totally different occasions . . . she lied to police and lied beneath oath,” mentioned Funk, who nonetheless concluded Daignault was responsible of manslaughter.
Hirani was killed after being taken from exterior a southwest Calgary residence to a distant nation street within the early morning hours of Dec. 29, 2019, in his personal automobile.
He was stabbed within the face, neck, stomach, wrist and arms and in addition suffered harm to inner organs, mentioned Funk in her determination.
“It was a chronic assault on Mr. Hirani,” she mentioned.
“It’s affordable to deduce Mr. Hirani tried to defend himself.”
In convicting Daignault of manslaughter, Funk concluded Daignault had been a part of the conspiracy to rob Hirani and drove the useless man’s Kia each earlier than the killing and after.
She famous he twice threatened to make use of a automobile to hurt approaching police members, as soon as in Calgary on Dec. 30, 2019, and once more a number of days later in Edmonton, the place an officer was bodily assaulted when the person tried to hurry away in a automobile stolen from a pal.
“Mr. Daignault’s conduct was of an individual responsible of way over stealing vehicles,” mentioned Funk.
She additionally mentioned Daignault joined Tinkler in utilizing Hirani’s stolen bank card to buy digital units following the person’s dying.
Following the decision, Daignault smiled as he gestured to household or pals whereas exiting the courtroom.
Sentencing has been set for Feb. 7.
X (Twitter) @BillKaufmannjrn
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