A Calgary man accused of fatally striking a woman with his car and then fleeing the scene has been acquitted of hit-and-run causing death.
Hani Salama, 45, was accused of causing fatal injuries to Alok Akot in October 2022.
Although the judge found that Salama’s Mercedes was involved in the collision, Justice Jim Sawa wasn’t satisfied beyond a reasonable doubt that the Crown had proven it was the accused behind the wheel at the time.
Cellphone records showed Salama’s cellphone was in the area of the crash one hour before the accident and 14 minutes after.
But there was no evidence presented during the trial that Salama was in possession of his phone on the night Akot was killed.
The judge also noted the Rogers phone records showed the subscriber’s name as “Hani Salam.”
“There was an obvious gap in the evidence in terms of linking Hani Salama to the [phone] records,” wrote Sawa.
“Based on the discrepancy with the name in the records I cannot conclude that it was the accused in possession of the phone.”
The address associated with the cellphone was a home in northwest Calgary where police found the Mercedes. That home was owned by Salama’s father.
Collision ‘unavoidable’
On the night of Oct. 27, 2022, Akot crossed the west-bound lanes of 17th Avenue S.E. at 44th Street against a “Don’t Walk” light.
Closed-circuit TV footage from the area at the time showed the Mercedes zooming through the frame. The car struck Akot and then drove away.
The collision was “unavoidable” given the driver’s view being obstructed by a car in the left lane waiting to make a turn, prosecutor Alex Russell told Sawa at the trial last month.
The issue was the Mercedes driver’s failure to stop.
Salama was the registered owner of the Mercedes at the time of the crash but transferred ownership four days later, which Russell argued was “suspicious.”
When the Mercedes was seized by police, it had damage consistent with the with the fatal collision.
‘Profoundly emotional’ case
In a written statement provided to CBC News, Salama’s lawyer called the case “profoundly emotional … for everyone involved.”
“While today’s decision brings relief to Mr. Salama and his family, we remain deeply aware of the tragedy at the heart of this matter,” said Tariq Salloum.
“Our thoughts are with the Akot family as they continue to grieve this unimaginable loss.”