Defence questions forensic doctor's conclusion that 13-year-old B.C. homicide victim was strangled

WARNING: This story contains graphic content and may affect those who have experienced​ ​​​sexual violence or know someone affected by it.

Defence lawyers at the murder trial of Ibrahim Ali questioned a doctor's findings that a 13-year-old girl found dead in a Burnaby Park nearly six years ago was strangled, scrutinizing language in his report while pointing to the absence of injuries on the teen's neck.

The victim's name is protected by a publication ban.

Under cross-examination, Dr. Jason Morin, a forensic pathologist, told the jury he was certain of his conclusion the girl had died of strangulation.

Defence counsel Ben Lynskey referenced lines in Morin's autopsy report that he suggested could indicate other causes of death.

"In your report, your conclusion is presented in a much more equivocal fashion," Lynskey said.

Lynskey was referencing wording in Morin's report that the findings were "highly suspicious" of strangulation and the "most likely" cause of death.

"What you're leaving open is the possibility there is a cause of death you didn't identify," Lynskey suggested. He then posited a hypothetical situation to Morin where he might study a body with a gunshot wound to the head.

"You wouldn't write your report in such an equivocal way. You would say the cause of death was this gunshot wound to the forehead," said Lynsky.

"That's correct," said Morin

"So if there's a clear cause of death that is 100 per cent certain, you would say that in a report. You wouldn't use this type of language. Fair?"

"OK, I would agree with that," said Morin before adding, "I can't think of any other reason for the distribution of findings in this case."

In his autopsy report, the forensic pathologist concluded that the teen died "secondary to strangulation," meaning strangulation was the primary cause and other causes were secondary to that.

In support of his conclusion, he referenced the presence of facial petechial hemorrhages or minor, burst blood vessels beneath the victim's chin and eyes, consistent with strangulation injuries.

During the trial, he also referred to the findings of a neuropathologist who found the victim suffered fatal brain injuries likely caused by an interruption of blood and oxygen to the brain for up to 10 minutes.

Ibrahim Ali is on trial for first-degree murder and has pleaded not guilty. The Crown contends that DNA recovered from the crime scene belonged to Ali.

The trial, initially set to end before July, is now expected to last until the fall due to a series of delays.

No visible neck injuries

Earlier in the week, Lynskey questioned Morin about the lack of marks on the victim's neck. There was no bruising on the skin, nor broken cartilage inside the neck, according to the autopsy report.

Morin said visible injuries are common in about 80 per cent of strangulation cases. He said about 4.4 pounds of pressure on the jugular vein for an extended period is enough to cause death.

"All I can say is at some point, the vein was compressed and not the artery," he said.

Autopsy findings

On Monday and Tuesday, Morin testified to Crown prosecutors that he observed a number of injuries on the girl, including blunt force injuries to her vagina, anus and rectum. He testified they could have been caused by an erect penis.

Morin said sperm was recovered from those injured areas, with samples sent away for police testing.

Swabs were also taken from the girl's clothes, hands, and neck.

In the Crown's opening statement, prosecutor Isobel Keeley told the jury the victim was passing through Burnaby's Central Park on July 18, 2017. She was on a trail, likely wearing earbuds, when she was attacked and dragged into the woods before she was sexually assaulted and strangled.

Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through this Government of Canada website or the Ending Violence Association of Canada database. ​​If you're in immediate danger or fear for your safety or that of others around you, please call 911.