Trial underway for fatal 2021 Mississauga restaurant shooting

The alleged getaway driver from a shooting at a family-owned restaurant in Mississauga three years ago told a friend he was "shocked" by the situation while visiting the scene hours after bullets flew, court heard Wednesday. 

The shooting at Chicken Land, on Glen Erin Drive and the Collegeway in Mississauga, took place on May 29, 2021, and left Naim Akl, 25, dead. Akl's mother, father and brother, and a family friend were also shot.

Crown prosecutors allege the shooting was planned by three men — Anand Nath, Suliman Raza and Naqash Abbasi. All three men have pleaded not guilty to one count of first-degree murder and five counts of attempted murder. 

Prosecutors allege the three men had pledged allegiance to ISIS and were looking to silence Akl, who threatened to go to police about their actions.

The defence has not yet made its case.

Crown prosecutors haven't said what evidence led them to allege the group sending money to support ISIS. As for why there were no terror charges laid in connection with the allegations, the Ministry of the Attorney General told CBC News it would be inappropriate to comment given the case is before the courts.

Nath, from Mississauga, is accused of carrying out the shooting, while Raza, also from Mississauga, was the alleged getaway driver. Abbasi, from Brampton, was the alleged organizer, according to the Crown.

Ammar Hashmi testified Wednesday and told the jury he was Akl's best friend. He said he worked with Akl and the three accused at a warehouse business called TryAlinc in Mississauga. 

When Hashmi learned about the shooting on Instagram, he said, he called Raza, then later picked him up from his house and travelled to the scene, where he saw police officers gathering evidence.

Court also heard that Hashmi told Abbasi what he saw at the scene of the shooting that night. 

Hashmi was part of a group chat with Raza, Nath, and Akl that showcased tension that appeared to be brewing between Akl and Abbasi. 

In a voice message played before the jury, Akl called Abbasi a "f—king clown goof," and said the alleged organizer of the attack was looking for money.

"This guy is trying to take 3,000 more from me before he cuts me off. This guy is stupid bro," Akl said in the recording.  

Hashmi also testified he spoke with Nath after visiting the scene and found out he had gone to Montreal after hearing the news, court heard. Nath stayed with Hashmi for two months in 2021 and moved out sometime before the shooting. 

"He wanted to get his mind off from whatever happened with Naim," Hashmi said. 

Nath made plans to visit Montreal at least a month before the shooting for business, Hashmi said during his cross-examination by Susan Pennyacker, who is representing the accused shooter.

The jury also heard that Raza had messaged Akl a day after the shooting, hoping he was OK. 

"I haven't heard a reply from you since Wednesday and then I hear this shit," he said in a message to Akl, according to phone records shown in court Tuesday. 

Court hears how victim met accused

Court has heard the men operated the TryALinc business, buying and selling Amazon products out of a Mississauga warehouse. Crown prosecutor David D'Iorio alleged the money they made from the business was being sent "back home" to fund ISIS.

The Akl family are part of the Druze religious sect and had been running Chicken Land for nearly 30 years. D'Iorio told court Akl was interested in Islam and befriended the accused because they were devout followers of the Islamic faith. Court heard Akl, who had converted to Islam without his parents knowing, had joined the business.

On Monday, jurors also heard from Peel police Const. Arun Adhya who presented material he says was found in Raza's phone when he was arrested on June 9, 2021.

Jury heard from an eyewitness who testified they saw a man run from the Chicken Land after the shooting and jump into the trunk of a Honda Accord that then sped away. The Crown says the car belonged to Raza's father.

Text messages indicate there was a falling out of the group after mid-April, with Akl being removed from a group chat, court heard. D'Iorio told court Akl left the business and went back to work at his family's restaurant. 

Adhya testified the phone contained pictures of the alleged getaway vehicle, screenshots of news articles about the shooting, downloads of Islamic State propaganda videos. He said three days before the shooting, the phone was also used to search the internet with the prompt: "What are the sentences for a getaway driver."

Raza's phone contained a seven-minute video of ISIS propaganda that encourages "Mujahdin" (holy warriors) around the world to join their cause and states that it is "obligatory" to fight the "kafir," (infidels) according to the agreed statement of facts obtained by CBC News. 

He searched "how many bullets does a glock 43 hold" and "glock 43 VS 43X [a different type of glock]," per the agreed statement of facts. 

On Monday, court heard from Akl's sister, Sandra Akl, who was 13 at the time of the shooting. She was unhurt in the attack but testified by video about the terror of watching her family members shot.

Now 16, Sandra said she was finishing her homework when shots rang out, and she hid behind a fridge in the kitchen at the back of the restaurant.

When it was over, she came out from behind the fridge to find her mother shot in the arm and the rest of her family on the floor covered in blood, she said.

"Someone came in and started shooting everywhere.… I just waited it out until it was all over," Sandra said, adding she was "panicking."

A total of seven bullets were fired and the attack lasted 18 seconds, the Crown told jurors.

As part of her cross-examination, Nath's lawyer, Pennypacker, questioned Sandra about the shooter's skin colour. 

Akl repeated what she told police, that even though she couldn't see the shooter's entire face, the man was white. Nath, the accused gunman, has brown skin. 

Court also heard from a witness who said he saw the gunman running from the scene. Jerome Marleau testified he went out to buy cigarettes from the same plaza where the shooting took place that evening and saw the alleged shooter on his way back home. 

"He was running pretty fast," said Marleau.

Marleau described the shooter as six feet tall with a slim build, fully clothed and dark skinned.

The trial is ongoing.