Alberta’s top court on Wednesday upheld the double-murder convictions of a Calgary drug dealer in the fatal shootings of his business partners.
A three-member Alberta Court of Appeal panel said Justice Jim Eamon made no errors in concluding Christopher Naidu was the killer and his actions were planned and deliberate.
Eamon convicted Naidu on March 4, 2021 of two counts of first-degree murder in the April 20, 2018 shooting deaths of Joshua (Bigs) Bamfo and Mahad (Moody) Ainanshe.
The two men were fatally shot at close range in Bamfo’s SUV in the middle of the afternoon while parked in the northwest community of Evanston.
Defence counsel Stacey Purser had argued multiple grounds of appeal, including that Eamon erred in finding independent evidence corroborated the testimony of the Crown’s chief witness, Garrett Greva, and that the murders were planned and deliberate, elevating them to first-degree.
But the appeal judges said Eamon wasn’t even required to find corroboration in order the find Greva’s testimony was credible although there was evidence which bolstered his version of events.
“The trial judge looked for evidence that confirmed the veracity and reliability of Greva’s testimony,” they wrote in agreeing with Crown prosecutor Rajbir Dhillon that a new trial wasn’t required.
“We see no error in the trial judge’s analysis or conclusion. The evidence relied upon, the CCTV evidence, the cell phone tower evidence and (another witness’s) testimony were independent evidence that confirmed Greva’s testimony.”
That evidence included surveillance video that showed Naidu’s Jeep parked a block from the murder scene at the time, they said.
“We note as well that Greva’s evidence was consistent with much of the other independent evidence accepted by the trial judge, and not inconsistent with any of that evidence.”
Greva testified he was told to meet Naidu at the offender’s southwest residence and went to Greva’s home after they met, which was soon after the killing.
At Greva’s home, Naidu provided him clothing consistent with those worn by the fleeing killer, with instructions to destroy them, and hid two handguns and two cellphones wrapped in tinfoil at the residence before later retrieving them.
Bamfo and Ainanshe were partners with Naidu in a drug-trafficking business.
Eamon found that the killer lured the pair to Evanston for the purpose of a meeting which ended in Naidu shooting both of them from the back seat of Bamfo’s SUV.
Cellphone records showed Naidu communicated with Ainanshe 28 times on the day of the killings, including six times within 90 minutes of the 3:07 p.m. murders.
“Notably, there were no attempts by the appellant to communicate with Mr. Ainanshe after 3:07 p.m.,” the appeal judges said.
“The trial judge concluded that the number and timing of the calls suggested that the appellant and Mr. Ainanshe were setting up a meeting.”
And in finding Eamon was correct in determining the killings were first-degree murder, the appeal judges noted Naidu took steps consistent with planning and deliberation.
“In coming to that conclusion, he relied on his findings that the appellant has arranged a meeting with Mr. Ainanshe, parked his vehicle some distance away to avoid detection, and went to the meeting with a loaded handgun.”
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