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Old October 18th, 2005, 06:34 PM   #3
anabolic frolic
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Stab victim likely had no time to fight: MD
Fatal injury probably came in surprise attack
Wounds consistent with knife found in club


PETER SMALL
STAFF REPORTER

The stab wound to the heart that killed a college student at a rave party at The Docks is consistent with him being surprised and having no chance to defend himself, a murder trial has heard.

But Dr. Charles Lee, a forensic pathologist, testified yesterday that there are too many variables to determine the exact way Salim Jabaji was slain.

Crown prosecutor Robin Flumerfelt asked Lee if, hypothetically, "a victim was attacked by surprise and stabbed in the heart without having a chance to defend himself, would that explain the wound to the heart?"

That is one possible explanation, Lee replied.

Jabaji died on Feb. 4, 2001, in the Toronto waterfront club. The floor was so crowded and dark that people continued dancing even as Jabaji lay bleeding on the floor, court has heard.

The 20-year-old Mohawk College engineering student had taken time off his studies to look after his sick father in Niagara Falls.

Jeffrey Tuck, 24, has pleaded not guilty to second-degree murder in Jabaji's death.

Lee, who conducted the autopsy on Jabaji, told the Superior Court jury that the otherwise healthy young man had two major wounds.

The fatal wound penetrated the rib cage and pierced the heart, and was consistent with a knife with a single-sided blade about 2.5 centimetres wide and 6 centimetres in length.


"The wound that you observed, could it have been caused by this weapon?" asked Flumerfelt, holding a small dark-handled knife found by police on the floor of the crowded nightclub.

"Yes, it could," Lee replied.

The second wound the victim sustained was a cut to the outer part of his upper arm that went through the muscle and sliced away part of the bone, Lee said.

"It's consistent with what are called defensive injuries," Lee said.

The dark-handled knife has no hilt of any significant size, Lee agreed with Flumerfelt.

Lee also agreed with the prosecutor that if the attacker hit Jabaji's arm bone with such a knife, his hand could slip over the insignificant hilt and cut his baby finger.

As Tuck left the nightclub he complained about a bleeding baby finger, according to a previous witness, Charles Coulter.

Tuck told his friends that someone had come after him with a knife, that he had managed to get it away from his attacker, whom he then stabbed, Coulter has told the court.

At issue is how the knife got into the club despite security measures. According to club security videotapes, a man — who has been identified as Tuck — appeared to have been searched as he entered The Docks, court heard. The trial continues today.
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