Morningside and Sheppard East, they saw C.A. with a male in a
fur jacket and a hood, and wearing a bandana over his face.
B. believed him to be a member of the Galloway Boys. Abbey
then said he wanted to visit a friend. So B. dropped him off.
B. claimed that no one in the car said anything about having a
gun or wanting to get a gun. And he also said that S. never
asked to go to Abbey’s house to get a gun.
[ 23] Within days of the shooting, the media began circulating
details and pictures of the car believed to have been involved in
the shooting. B. at first believed the car to be his — a bright blue
Honda. He wondered why a car similar to his was in the news so
he questioned Abbey. Abbey denied he had anything to do with
the shooting and said if the police contacted B. “just don’t say
anything”. Abbey, however, said the guy who was shot had
robbed him two weeks earlier. B. then confronted Abbey and
accused him of being the shooter. Abbey replied he was “not going to really say if it’s me or not”.
[ 24] The Crown then refreshed B.’s memory with the statement B. had given to the police incriminating Abbey. And B.
acknowledged Abbey had told him that he had followed the
victim to Caronia Square, pulled out a gun and fired a couple of
times shooting the victim in the leg. The victim started running
away and Abbey shot him again, then stood over him and shot
him a few more times. He pointed the gun at C.A. but realized it
was empty so he fled.
[ 25] W. testified that in the summer of 2004, while in custody,
he questioned Abbey about the shooting. W. claimed Abbey told
him four people were involved but the others were “afraid to do
what had to be done, so he took it into his own hands and did it”.
W. said Abbey told him he shot the person in the leg and then
shot him again. He tried to shoot C.A. but his gun was empty.
He then ran back to his house.
[ 26] Despite their evidence implicating Abbey, the testimony
of S., B. and W. was problematic for the Crown. S.s’ and B.’s
accounts of the incident differed. What Abbey apparently told
each of the three also differed. And most important, each was a
most unsavoury witness, and S. and B. had made a deal with the
Crown to testify.
[ 27] Although W. had not made a deal with the Crown, he was
a jailhouse informant with a lengthy criminal record. At the time
of the murder, he was serving a 12-year sentence for a home invasion robbery at gunpoint. He defied a court order and refused
even to testify at Abbey’s second trial. His evidence from the first
trial had to be read in to the jury.