Gang member gets new trial in 2005 shooting death of Winnipeg teen

A retrial has been ordered for a Winnipeg street gang member accused of killing teenager Phil Haiart in October 2005.

In a 19-page written decision released Friday morning, Manitoba's Court of Appeal ruled the judge at Jeff Cansanay's 2007 trial was mistaken in throwing out key evidence that led to his acquittal.

Haiart, 17, was gunned down while walking in the Spence neighbourhood near Sargent Avenue.

Cansanay, 23, was acquitted of murder and attempted murder after the judge in his trial refused to admit video statements taken by police as Crown evidence.

The Crown was forced to rely on the video after two witnesses refused to testify.

However, another judge presiding over the case of a different young offender also being tried for the same crime, allowed the video statements as evidence.

The jury in Cansanay's trial heard evidence that he urged another man to open fire on two rival drug dealers in a turf-related gang war. Haiart and a friend, who was also shot, unknowingly walked into the gunfire.

There's been no date set for the retrial.