Cambridge man acquitted of murder will face new trial
A Cambridge man, acquitted of first degree over a year-and-a-half ago surrendered to police this morning.
Yousanthan Youvarajah was ordered back in custody after the Court of Appeal ordered a new trial.
In March 2010, a judge threw out the first degree murder case against him by way of a directed verdict, saying the crown didn't have enough evidence to support the allegation.
The crown went to the Court of Appeal. Crown Attorney Bill Wilson says the appeals court found evidence for a new trial.
"They've overturned the decision of the trial judge on an evidentiary point, ordered a new trial. Mr. Youvarajah surrendered himself into custody as directed by the court this morning."
Youvarajah was charged in the shooting of 19-year-old Andrew Freake, in Clyde Park in October, 2007.
It was alleged Youvarajah ordered the killing over a drug debt.
In a signed statement, the shooter, a youth, said Youvarajah gave him the gun, but when in court, the youth denied it.
Youvarajah was acquitted.
Before the trial, the youth had pleaded guilty to second degree murder and given a seven year sentence in split custody. That is the maximum sentence for a youthful offender.
Youvarajah was in court for just a few minutes, Friday. He'll be back in court next Friday to set a date for his new trial.
Wilson says the trial could begin in the new year.
"Probably by the end of November we'll have a new trial date set, and it'll probably be, depending on scheduling. It will be a jury trial obviously, so it will probably be sometime next spring."