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Her testimony was peppered with lengthy pauses and I don’t remembers.
And when Trista Tinkler did give proof Friday of what she remembered of the main points surrounding the killing of Calgary Uber driver Kasif Hirani it was in a mushy, monotone voice.
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However underneath examination of Crown prosecutor Britta Kristensen, Tinkler did handle to implicate Robert Daignault within the botched theft previous the loss of life of Hirani on a abandoned rural street close to the Springbank Airport west of Calgary.
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Tinkler mentioned Daignault was on the wheel of Hirani’s automotive after the Uber driver was made to relinquish his key and was compelled to surrender his financial institution and bank card PINs as he was pushed out of the town, with the accused, the witness and alleged confederate Andrew Christal.
However the witness, who’s serving a six-year sentence for manslaughter within the case, was extraordinarily obscure about particulars across the essential second when Hirani left his personal automotive and was repeatedly stabbed earlier than being left to die by the aspect of the street.
Daignault, 56, is charged with first-degree homicide within the Dec. 29, 2019, killing of Hirani.
It’s the speculation of Kristensen and co-prosecutor Alyx Nanji that the plan to rob Hirani additionally included ending his life, or the Uber driver was being unlawfully confined when he was killed, both of which might assist a first-degree homicide conviction.
Earlier than Tinkler took the witness stand, Kristensen requested Justice Eleanor Funk to permit her to testify remotely by way of CCTV from one other room within the courthouse.
The prosecutor mentioned her witness was “petrified of Mr. Daignault” and can be too emotionally distraught to offer proof in his presence.
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However the Court docket of King’s Bench decide agreed with defence counsel Andrea Urquhart that it was obligatory for the witness to look in individual to have her correctly cross-examined.
When Tinkler initially took the stand Friday afternoon following Funk’s ruling, she was in a position to reply a couple of of Kristensen’s questions, though ensuring she confronted away from the prisoner’s field the place Daignault sat.
However because the prosecutor requested for particulars main as much as the drive out of the town Tinkler clammed up, sobbing when Funk prompt she must reply the questions.
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After an adjournment to permit the witness to compose herself, Kristensen resumed questioning Tinkler, usually interspersing innocuous inquiries with extra pointed ones.
Tinkler testified she by no means received out of Hirani’s automotive from the time they left a Calgary residence till their return to the town, when the sufferer was already useless.
“Do you recall being alone at any time in that car?” Kristensen requested, about proof that might corroborate Christal’s declare he and Daignault received out and the accused repeatedly stabbed Hirani.
“Presumably,” Tinkler mentioned.
“And at any time when you had been in that car do you recall listening to screaming?” Kristensen mentioned.
“Presumably,” the witness repeated.
The prosecutor then requested when Tinkler “probably” heard screaming, “do you could have any recall of who was screaming?”
“Kasif,” Tinker mentioned.
Her testimony continues on Tuesday.
KMartin@postmedia.com
X: @KMartinCourts
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