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Court finds credibility a 'troubling factor' for alleged robbery victim

The credibility of the alleged victim in a Red Deer confinement, extortion and robbery trial was a “troubling” factor as a judge acquitted a man of several charges Thursday.Ton Thor Bul, 29, of Calgary had seven charges against him dismissed in Red Deer Court of Queen’s Bench following a three-day trial.

The credibility of the alleged victim in a Red Deer confinement, extortion and robbery trial was a “troubling” factor as a judge acquitted a man of several charges Thursday.

Ton Thor Bul, 29, of Calgary had seven charges against him dismissed in Red Deer Court of Queen’s Bench following a three-day trial.

Justice Sterling Sanderman said the testimony of Yasir Ali Malik, 35, of Red Deer left him with a “troubling affect”, which led to the acquittal.

Sanderman said Malik’s claims of injuries he suffered as a result of a Aug. 7, 2009, beating and torture at an apartment conflicted greatly with the findings of a doctor who examined him about five hours after the incident.

Malik testified he suffered cigarette burns “all over his body,” cuts from a knife and burns from scalding water among other injuries.

However, the doctor testified he could detect just one cigarette burn on Malik’s face, a bloodshot eye, bumps on his scalp and a tender side.

Bul, who was defended by Michael Scrase, had been charged with forcible confinement, extortion with a knife, robbery, assault with a weapon and assault causing bodily harm, assault with a hammer, assault with a cigarette and assault with an electrical cord.

Two other men are also charged in the incident at an apartment at 4721-55 St.

The victim said he was beaten in a bathroom and his debit card stolen.

Sanderman said the testimony of Malik and the doctor differed greatly.

“It’s significant in that we would expect the doctor to see burns and cuts.”

The judge said it would be dangerous to convict on the Malik’s evidence.

Two people who rented the apartment testified they didn’t see or hear anything violent or see injuries to Malik.

“I have a gut feeling” that (Donna) Wilson and (Bernard) Jordan had an allegiance to Elia Dominec, 24, the judge said.

He said he suspected Dominic was running a drug trafficking operation from the apartment.

Malik said his attackers wanted his bank card so they could get the money without it being attributed to them.

A bank manager testified that two withdrawals were made on Malik’s account amounting to $400.

Two envelopes claiming $500 and $600 each were empty.

The manager said the account had a small negative total.

Dominic and Garbriel Kuereng, 28, of Calgary also face several charges each and have trials set for later this year.

jwilson@www.reddeeradvocate.com