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Was rave knifing self-defence?
Accused's life at stake, trial told

But no mention of this in calls: Crown

PETER SMALL
STAFF REPORTER

Jeffrey Tuck stealthily stabbed a Mohawk College student to death during a dark, crowded rave party for his own gratification, then snuck away, a Crown prosecutor says.

"He murdered Salim Jabaji for no reason except his own satisfaction," Robin Flumerfelt told a jury at Tuck's second-degree murder trial yesterday.

But Christopher Hicks, lawyer for the 24-year-old Scarborough man, said in his final arguments that Tuck was just defending himself. "He sincerely believed that he was fighting for his own life — getting the knife before the knife got him."

Jabaji, a 20-year-old engineering student at Hamilton's Mohawk College, lay bleeding to death on Feb. 4, 2001 from two knife wounds — one in the heart — as patrons danced at The Docks, a Toronto club.

Tuck's claim that he was defending himself from an attacking Jabaji is fraught with problems, Flumerfelt told the jury.

"If this athletic guy comes after me unexpectedly with a knife, how come he's dead and not me? That's a real problem for Jeffrey Tuck," Flumerfelt said.

More ridiculous is his claim to have grabbed the knife blade from Jabaji, yet he had no injuries on his palms, she argued.

Tuck never went to police nor did he ever, in three hours of secretly taped calls, mention that he was defending himself or that Jabaji had a knife but instead showed himself desperate not to be caught, Flumerfelt said.

But the defence lawyer argued that Tuck was telling the truth when he testified that he fought for his life and never meant to kill Jabaji. "It is supported by other evidence," Hicks said.

Tuck's copious bleeding from finger cuts and his statements to friends after the stabbing confirm he struggled for the knife, the lawyer said. Tuck didn't go to police because he didn't trust them, he added. "The last thing he wants to do is go to police and say, `I am responsible.'"

The injuries suffered by the deceased back Tuck's testimony that the two grappled for the knife and that he accidentally stabbed Jabaji when Tuck pushed him away, Hicks said.

Tuck's former friend, Charlie Coulter, agreed that the accused tried to be a peacemaker in a confrontation with a friend of Jabaji's earlier that night, Hicks said. Tuck was attacked by Jabaji "without provocation," probably because he was seen to be Coulter's friend, he said.

Justice David McCombs charges the jury today.

October 27th, 2005, 11:28 AM	#5
anabolic frolic Administrator Join Date: May 1999 Location: HullaLand Photos: 125 Journal Entries: 5	Was rave knifing self-defence? Accused's life at stake, trial told But no mention of this in calls: Crown PETER SMALL STAFF REPORTER Jeffrey Tuck stealthily stabbed a Mohawk College student to death during a dark, crowded rave party for his own gratification, then snuck away, a Crown prosecutor says. "He murdered Salim Jabaji for no reason except his own satisfaction," Robin Flumerfelt told a jury at Tuck's second-degree murder trial yesterday. But Christopher Hicks, lawyer for the 24-year-old Scarborough man, said in his final arguments that Tuck was just defending himself. "He sincerely believed that he was fighting for his own life — getting the knife before the knife got him." Jabaji, a 20-year-old engineering student at Hamilton's Mohawk College, lay bleeding to death on Feb. 4, 2001 from two knife wounds — one in the heart — as patrons danced at The Docks, a Toronto club. Tuck's claim that he was defending himself from an attacking Jabaji is fraught with problems, Flumerfelt told the jury. "If this athletic guy comes after me unexpectedly with a knife, how come he's dead and not me? That's a real problem for Jeffrey Tuck," Flumerfelt said. More ridiculous is his claim to have grabbed the knife blade from Jabaji, yet he had no injuries on his palms, she argued. Tuck never went to police nor did he ever, in three hours of secretly taped calls, mention that he was defending himself or that Jabaji had a knife but instead showed himself desperate not to be caught, Flumerfelt said. But the defence lawyer argued that Tuck was telling the truth when he testified that he fought for his life and never meant to kill Jabaji. "It is supported by other evidence," Hicks said. Tuck's copious bleeding from finger cuts and his statements to friends after the stabbing confirm he struggled for the knife, the lawyer said. Tuck didn't go to police because he didn't trust them, he added. "The last thing he wants to do is go to police and say, `I am responsible.'" The injuries suffered by the deceased back Tuck's testimony that the two grappled for the knife and that he accidentally stabbed Jabaji when Tuck pushed him away, Hicks said. Tuck's former friend, Charlie Coulter, agreed that the accused tried to be a peacemaker in a confrontation with a friend of Jabaji's earlier that night, Hicks said. Tuck was attacked by Jabaji "without provocation," probably because he was seen to be Coulter's friend, he said. Justice David McCombs charges the jury today.