Son who killed, dismembered father found guilty of murder after jury rejects NCR defence

A Calgary man who killed his father, dismembered the body and dumped it at an Okotoks construction site has been found guilty after a jury rejected his NCR (not criminally responsible) defence following six hours of deliberations.

For the last six weeks, Zaineddin Al Aalak was on trial for second-degree murder and indignity to a body in the death of Mohamed Jasmin Al Aalak, 53.

The jury convicted Al Aalak of both offences. The trial took place at the Stampede Grounds in Calgary in a makeshift courtroom to allow for physical distancing because of the COVID-19 pandemic.

However, Al Aalak  received the verdict via CCTV from jail because he was diagnosed with COVID-19 last week amid an outbreak at the Calgary Remand Centre.

Al Aalak had no visible reaction as he was convicted. 

Al Aalak never denied he killed his father but defence lawyers Alain Hepner and Kelsey Sitar argued their client was in the throes of psychosis at the time and was unable to understand that his actions were morally wrong.

Experts differed on whether he was sick or faking

The trial came down to a battle of the experts — two forensic psychiatrists who had very different opinions on whether the accused should be found criminally responsible.

Dr. Sergio Santana was called by the defence. He examined Al Aalak and testified the accused was hearing voices on July 15, 2017, and was suffering from a schizophrenia-related psychosis when he killed his father. 

Dr. Yuri Metelitsa, who was called as a witness by prosecutor Carla MacPhail, testified that he believed Al Aalak was malingering — faking psychotic symptoms in order to escape criminal liability.

Jurors heard the father and son had a difficult relationship.

Al Aalak testified God was sending him messages telepathically and ordered him to kill his father but by the time he was released from hospital, he was no longer hearing voices.

Construction worker finds head

When Mohamed showed up at his son's home in July 2017, Al Aalak attacked with a hammer and then choked him.

After storing his father's body in a freezer, Al Aalak later dismembered him and dumped the body parts at an Okotoks construction site.

Two days later, a construction worker moved a bag at the site and Mohamed's head rolled out.

After the jury announced its verdict, Court of Queen's Bench Justice David Labrenz thanked them for their service.

"You've suffered a fair amount of challenges that jurors don't traditionally have in considering this matter during a pandemic," said Labrenz, acknowledging jurors had to be out and about in public, daily.

A second-degree murder conviction comes with an automatic life sentence with no chance of parole for between 10 and 25 years.

Sentencing will take place at a later date.