A Nigerian-Canadian, Michael Elendu, has been convicted of manslaughter in the fatal stabbing of his roommate, nearly three years after he was first found guilty of murder in the case.
Elendu, 24, had originally been charged with second-degree murder following the death of 20-year-old Kyreese Wright, who was stabbed with a sword in December 2020.
Although he was convicted of murder in 2023, the Alberta Court of Appeal subsequently set aside the conviction and ordered a retrial.
Delivering judgment on Monday, Justice Nancy Dilts of the Court of King’s Bench acquitted Elendu of murder but found him guilty of the lesser offence of manslaughter.
The judge held that while the defendant “made a string of thoughtless decisions,” the prosecution failed to present sufficiently reliable evidence to secure a murder conviction.
Justice Dilts said she was not satisfied beyond reasonable doubt that Elendu intended to inflict the severe bodily harm that led to Wright’s death. The victim had been stabbed in the chest with the sword during the altercation.
She also pointed to discrepancies in the testimony of witnesses called by Crown prosecutor, Samina Dhalla, noting that inconsistencies in evidence must be carefully weighed.
“I agree with Ms Dhalla that it is unrealistic to expect that there be no inconsistencies in the evidence,” the judge said.
A date for sentencing on the manslaughter conviction is expected to be fixed at a later time.
