Calgary (Rajeev Sharma) — Alberta’s top court has overturned the murder convictions of a Calgary man serving a life sentence for two counts of murder, ruling that the verdict was unreasonable and unsupported by the evidence presented at trial.
In a decision released Monday, the Alberta Court of Appeal identified “serious flaws” in the trial judge’s assessment of the evidence and entered acquittals, clearing Gerald Benn of all charges. Benn, who has spent more than five years in custody since his arrest in September 2020, is now set to be released.
“A conviction cannot be supported by this evidence,” the appeal court wrote, agreeing with arguments advanced by Benn’s defence that the case against him failed to meet the standard of proof beyond a reasonable doubt.
The ruling stems from a 2020 daylight shooting in Calgary’s northwest community of Sandstone Valley, in which Abas Ahmed Ibrahim, 27, and Mohamed Khalid Shaikh, 19, were killed, while a third man, Dimetri Marr, was wounded but survived.
Benn was convicted in 2023 after a judge found him to be the shooter, relying largely on fingerprint and DNA evidence found on two bags recovered from the trunk of the vehicle linked to the crime, as well as CCTV footage of the shooting.
However, the appeal court found significant weaknesses in that reasoning. Of 27 fingerprints recovered from a Walmart bag connected to the firearm, only four belonged to Benn, while the remaining prints were never identified. Benn’s DNA was found on a Wendy’s bag, but the prosecution presented no evidence explaining when or how it was deposited.
The court also took issue with the reliance on grainy, pixelated surveillance footage. It warned of a “unique danger” in comparing low-quality video of an unidentified shooter with clear images of the accused, noting the risk that a fact-finder may unconsciously perceive similarities where none can be reliably established.
Further undermining the Crown’s case, the appeal panel noted that despite video evidence showing the shooter touching the vehicle with bare hands, Benn’s fingerprints were not found anywhere on or inside the car. There was also no evidence linking Benn to the other individuals present in the shooter’s vehicle.
Prosecutors had argued the shooting occurred during a failed drug transaction involving a small sum of money. Video evidence showed a brief interaction between the occupants of two vehicles before a struggle broke out, followed by the shooting.
The trial judge had concluded there was no reasonable possibility that someone else resembling Benn committed the crime. The Court of Appeal firmly rejected that conclusion.
“Properly considered, the totality of the evidence at trial should have left the trial judge with reasonable doubt,” the court wrote, adding that the verdict could not stand.
With the acquittals entered, Benn’s convictions are vacated and he will no longer remain in custody.
