By Trend News Line 2024-06-19 11:02:25.
The case against a Toronto man formerly convicted of murder has crumbled after the court ruled that evidence obtained by covert officers in a 2016 police sting could not be used in a retrial. On June 5, Crown prosecutors announced they were no longer seeking to pursue a charge of first-degree murder against Najib Amin in connection with the death of Sylvia Consuelo, a 34-year-old mother living in Etobicoke.
Amin was initially charged in connection with Consuelo’s death after an undercover operation by the Toronto Police Service (TPS). Despite no forensic evidence linking Amin to the crime scene and the unsuccessful attempt to elicit a confession from him during the sting, Amin spent over seven years in prison after statements he made to officers were admitted in his May 2019 trial, leading to his conviction.
At a hearing in January at the Ontario Court of Appeal, Amin’s lawyers successfully argued that the trial judge had failed to properly safeguard against the use of the statements given to the undercover officers. The appeal resulted in a three-judge panel ordering a new trial for Amin in April, without the evidence procured by the sting.
“In light of that, the remainder of the case [against Mr. Amin] was such that there was no reasonable prospect of conviction,” said James Lockyer, one of Amin’s lawyers.
Consuelo was found dead in her Jamestown apartment on Jan. 30, 2016, having been sexually assaulted and suffered blunt force trauma to her face and chest, with mechanical asphyxiation listed as the official cause of death. While no forensic evidence connected Amin to the crime scene, he was identified as a person of interest due to surveillance footage showing a masked man entering the building on the day of the killing.
Six months later, ‘Project Sideshow,’ an undercover operation, was launched by detectives to build rapport with Amin and potentially elicit a confession from him. This tactic, known as a ‘Mr. Big’ sting, involves undercover officers posing as members of criminal organizations to obtain incriminating information.
During interactions with undercover officers, Amin suggested killing a fictional character, but never confessed to Consuelo’s murder. Despite the officers’ attempts to lead him to admit involvement, Amin maintained he was blackout drunk and had no knowledge of the events.
The use of ‘Mr. Big’ stings has been controversial due to concerns about coercion and the reliability of evidence obtained. While the tactic has a high conviction rate in cases that go to prosecution, the lack of a confession in Amin’s case presented a unique challenge for the investigators.
Following the court’s ruling to exclude evidence obtained through the sting, Crown prosecutors decided not to pursue the murder charge against Amin, effectively clearing his name in connection with Consuelo’s death. Amin’s lawyers expressed relief at the decision, highlighting the importance of safeguarding against the use of potentially prejudicial evidence in criminal trials.
The case against Najib Amin serves as a reminder of the complexities involved in criminal investigations and the need for strict adherence to legal safeguards to ensure a fair and just legal process..
1. Toronto police sting murder case
2. Mr. Big Toronto police investigation.