Graphic evidence posted to Facebook by accused killer months before murder trial

There are concerns about the integrity of an upcoming murder trial after sensitive and graphic evidence wasposted on social media by one of theaccused killers, whose lawyer gave him a video containingthe disclosure on a USBdevice.

On Monday, the lawyer recused himself and self-reported to the law society. But with the jury trial set to begin in less than two months, the worry is whetherwitnesses or potential jurors have viewed the video that was discovered online last week.

Two brothers, Julius and Theo Wheyee, and a third man, Saad Osman, are each charged with second-degree murder in the September2015 death ofMohammed Saqib, whose body was found in a burned-out vehicle near Airdrie.The trial is supposed to begin April 9.

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Osman was given thepromo-style video by his lawyer, Jared Craig, which Justice GlennPoelman heard contained images of the victim, theaccused, Crown witnessesand crime scenes.

"This is going to have a profound effect on all accused," said defence lawyerAdrianoIovinelliat the outset of Monday's hearing to determine how to handle the situation.

Disclosureisevidence gathered by police during the investigation that prosecutors share with an accused'slawyerearly in the case so they can properly preparea defence. But defence lawyers are not allowed to disseminate that sensitive material.

Poelmanwas told that Craig brought the video to the remand centre to show his client, who then somehow uploaded it to his Facebook page after the USBdevice was left in his possession.

'It's my fault': Osman

Crown lawyer Doug Taylor told Poelmanthe video was discovered last week byfellow prosecutorVince Pingitore,who had been checking Osman's Facebook pageperiodically after police identified concerns with certain posts on the social media account during the investigation.

Craig was represented bysenior defence lawyer Alain HepneronMonday. Hepner said he advised his client to step away from the file right away and helped him draft a letter to the law society.

"It was an error in judgment, beyond," saidHepner. "[There are]materials there that compromise part of the Crown's case."

But Osman tried to take responsibility for the video being posted and pleaded with the court to allow Craig to remain on the case as his lawyer.

"I made a mistake, it's my fault. It shouldn't be on the internet," said Osman. "It wasn't his fault. It's not fair."

'He's too close to the file'

Taylor said Craig's recusalwas "regrettable yet necessary" and that it would be "very awkward for Mr. Craig to continue."

"There's evidence to suggest he's too close to the file."

Defencelawyersfor thebrothersTonii Roulston, Andrea Urquhart and Iovinelli have asked that the trial dates be kept but are considering making an application for a judge-alone trial given it's not known how widely the sensitive video was disseminated.

"The effect depends on who has seen it," said Iovinelli.

Poelman has asked Osman to try to find a new lawyer by Friday when the matter is back in court but the accused killer has indicated he has no plans to do that.

"The general public will be my lawyer," said Osman.

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