Accused in Lukas Strasser-Hird killing says he was a victim

One of the men accused of killing Lukas Strasser-Hird in a swarming and stabbing attack told the jury on Wednesday that he was a victim that night and had nothing to do with the attack.

"I never laid a hand on him," said Assmar Shlah. "I never said anything to him."

• Lukas Strasser-Hird trial hears from accused killer who admits to attacking victim

Shlah is charged with second-degree murder alongsideJoch Simon Pouk, Jordan Lee Liao and Franz Cabrera. He testified in his own defenceon Wednesday.

The Mount Royal University business student, with no prior criminal record, said he partied at the Vinyl Nightclub with friends in November2013.

The lead up

Other witnesses have testified that a kerfuffle began when Shlah tried to retrieve his jacket from the coat check.
According to Shlah, a bouncer pushed him and some heated words were exchanged beforehe left.

Outside the club, Shlah saidhe heard someone yelling "you f**king spic." There was moreswearing and pushing among the people gathered out front, Shlah testified.

"All I can remember is being hit in the face," said Shlah, who added he does not know who struck him.

After a second blow, Shlah saidhe wasdazed and bleeding heavily from the nose.

There was more fighting and punching, according to Shlah's testimony. Hesaidhe threw a couple of punches but didn't say he hit anyonespecifically.

A friend then pulled Shlah away and they left, he said.

The alley

After walking a short distance, Shlahreturned to the area after hearing someone yell "over here, over here."

He saidhe endedup at the mouth of the alley where there was a crowd of about 20people pushing and screaming.

"I didn't know who it was on the ground," said Shlah. "I didn't lay a hand on him."

Defence lawyer Balfour Der askedhis client if he hit the victim.

"I did not throw a punch at him other than the front and I did not kick him at all."

By that timepolice had pulled up and Shlahwas detained.But hesaid he questioned why he was in custody, telling officers he was the one who was assaulted.

He was then arrested and taken away in a police car.Shlah was released after 24 hours and re-arrested onDec 12, 2013.

'Someone is dead? No way'

Der played audio from a police interrogation room where Shlah was interviewed by an officer onNov. 23. The officer told him someone had died at thenightclub.

"Dead. Oh my goodness," said Shlah."Someone is dead? No way."

Court has previously heard evidence that Shlah became upset when he couldn't get his jacketas the nightat Vinyl nightclubwas winding down.

One witness who was at the club the night of the attack described hearing Shlah call a bouncer a "dirty spic."

The initial confrontation occurred whenStrasser-Hirdwho had just returned from a year abroad in South America told the person identified asShlah there was "no need to be racist."

Strasser-Hird was then escorted back into the bar for his own safety, the court heard,and he and his friendswere laterushered out the back door into analley.

Shlah'sgroup was waiting forthemin the alley, Crown prosecutor Marlo MacGregor told the jury in her opening statement.

Blood on his shoes

Under cross-examination, Crown prosecutor KenMcCafferydisputed Shlah's claim that he didn't know who Strasser-Hird was.

McCaffrey suggested Shlah kicked the victim and was a part of the assault because Strasser-Hird's blood was on the accused's shoe.

Shlah said he couldn't explain that, but speculated it could have happened during the events in front of the club, Herepeated that he never engaged with the victim in the alley.

On Tuesday,Pouk testified in his own defence whileCabrera told the jury he would not be calling any evidence.
Liao's lawyer has not yet told the jury if his clientwill testify.

A fifth accused,Nathan PaulGervais, was charged with first-degree murder buthe disappeared weeks before the trialbegan whileon bail. Heremains at large.

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