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Old October 29th, 2005, 10:21 AM   #6
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Acquittal in rave stabbing
Father of dead victim `in shock'

Accused man still faces charges


PETER SMALL
STAFF REPORTER

A jury has acquitted a Scarborough man in the stabbing of a student during a rave at The Docks nightclub, bringing anguished tears from the deceased's parents.

Jeffrey Tuck, 24, smiled, nodded and looked briefly at Salim Jabaji's family after hearing the verdict yesterday.

"The jury has afforded you the benefit of the doubt," Justice David McCombs said. "I know," Tuck replied from the Superior Court prisoner's box.

Despite his acquittal on a second degree murder charge, Tuck wasn't freed. He faces drug trafficking and weapons charges allegedly related to the 18 Buddha street gang.

"My heart goes out to you. You've lost your son," McCombs said to the family.

Frank Jabaji, Salim's father, replied that while he respected the judge and the jury, he blamed the justice system for excluding evidence about Tuck's past. Jabaji, 20, lay bleeding from two stab wounds as oblivious patrons kept dancing in the dark, packed waterfront nightclub on Feb. 4, 2001. The top engineering student at Hamilton's Mohawk College had taken time off school to care for his ailing dad.

Tuck admitted to stabbing Jabaji, but insisted it was in self-defence after the man attacked him with a knife.

The jury heard audiotaped phone calls of Tuck worrying about being caught for the stabbing. The calls were recorded by Charlie Coulter, who was angry his twin David was wrongfully charged in Jabaji's death.

David Coulter, who spent almost a year in jail before second-degree murder charges were dropped, told the Star he was glad that more evidence came out in the trial exonerating him. "I hope that during my civil trial (against) the police and Crown attorneys, I can get some answers as to why I was arrested in the first place."

Defence lawyer Christopher Hicks said the jury reached a fair verdict in a difficult trial.

Crown prosecutor Robin Flumerfelt had no comment.

"Now I am in shock," Frank Jabaji said outside court. "I hope nobody goes through what we went through, because you cannot imagine the pain and suffering when you lose a child."
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