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Here is everything you need to know about trial of Ager Hasan

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On April 28, 2017, Melinda Vasilije was found dead on the floor of her Kitchener apartment – a jury would later hear the 22-year-old had been stabbed 47 times.

That same day, police identified her 24-year-old ex-boyfriend Ager Hasan as a suspect. As many as 20 police officers, including some wearing tactical gear, stormed his Hamilton apartment.

Hasan was not at there.

At the time, police said investigators believed by the time Vasilije’s body was found around 3 a.m. in her apartment on Country Hill Drive, Hasan had crossed into the United States.

Police said Hasan was seen crossing into the United States via the Peace Bridge in Fort Erie, Ont.

Around 10 a.m. that same day, a person matching Hasan’s description was seen removing a licence plate from a vehicle in the parking lot of a Walmart in Harborcreek, Pa., according to state police.

There was another reported sighting of him in Tennessee in late May.

It wasn’t until nearly three months later, at a traffic stop conducted by the United States Secret Service in San Antonio, Tex., that authorities finally caught up with Hasan and placed him under arrest.

He was extradited back to Canada from a Texas prison in January, 2018.

On Jan. 8, 2018, Hasan made his first, albeit brief, appearance in a Kitchener courtroom. The appearance lasted approximately 10 minutes, ending with Hasan being remanded back into custody.

Hasan's trial was first scheduled for late 2019 and was adjourned to May 2020. It was further delayed due to the COVID-19 pandemic.

In May 2021, Hasan was denied bail, a move that was praised by Vasilije's mother, Anna, who said she believed the court made the right decision.

In April 2022, his trial was delayed once again.

It would take another year for Hasan’s trial to begin in a Kitchener courtroom – with the trial finally commencing nearly six years to the day after Vasilijie’s body was found in a pool of blood.

The trial started on April 19, with the jury hearing it is an agreed fact that Hasan caused Vasilije’s death.

Hasan has pleaded not guilty to second-degree murder, but pleaded guilty to the lesser charge of manslaughter. The Crown did not accept that plea.

Here are the key points in the trial:

APRIL 19: THE TRIAL BEGINS

Nearly six years to the date that Vasilije was found dead, her ex-boyfriend’s trial began in Kitchener.

After three days of jury selection, fourteen jurors and two alternates were chosen. The judge gave the jury some instructions, then the trial began with the Crown’s opening statement.

“There is no question that Ager Hasan stabbed Melinda Vasilije. There is no question that he is responsible for her death,” the Crown said.

Crown lawyers said the main question in the trial is whether his actions amount to second-degree murder.

APRIL 20: THE FIRST WITNESS TAKES THE STAND

Anna Manda, Vasilije’s roommate at the Country Hill Drive apartment, was called as the first witness.

Manda met Vasilije in Grade 8, and they remained friends into their twenties, moving in together on April 1, 2017, just weeks before Vasilije’s death.

Vasilije’s former roommate described the 22-year-old as a kind person and loyal friend.

Manda testified Vasilije didn’t tell Hasan she planned to move in with Manda until about a week before because she knew he wouldn’t be happy she was moving in with a friend instead of him.

“She didn’t want to live with him,” Manda told the jury.

By April 3, Vasilije broke up with Hasan.

“The relationship was just too much for her. It was toxic,” Manda said.

APRIL 21 - CHRISTINA VASILIJE TESTIFIES

Melinda Vasilije's older sister, Christina Vasilije, took the witness stand, sobbing at times as she remembered her sister.

Christina Vasilije described her relationship with Melinda Vasilije as close – until the time Melinda Vasilije started dating Hasan.

She said she knew her sister had broken up with Hasan on April 3, 2017, and she was one of a few people at Melinda’s new apartment on Country Hill Drive that night when he showed up banging on the patio door.

APRIL 22 – JURY HEARS TEXT MESSAGES

The jury heard the couple’s relationship started well, but increasingly became rocky.

After Vasilije ended their relationship, Hasan sent 63 unanswered text messages over a period of 11 days.

Texts entered into evidence indicate starting on April 9, Hasan began sending a series of text messages to Vasilije.

Some of the texts were apologies, while many asked her to reconsider and give the relationship another try.

Among them was one reading: “I never did and never will physically hurt you in anyway (sic).”

The final text from Hasan to Vasilije on the night she died reads in part: “nice seeing you tonight glad we worked things out!! … anyways see you soon (sic) .”

APRIL 28 – JURY SEES CRIME SCENE PHOTOS

On the six month anniversary of the day Vasilije was found dead, the jury was shown crime scene photos.

Retired Waterloo regional police sergeant Robert Jones, who photographed Vasilije’s apartment in the aftermath of her death, took the stand.

The jury was shown photos of blood on the floor of her apartment’s entryway, kitchen and living room, as well as two knives on the floor, one of which had a bent blade.

MAY 1 – JURY SEES PHOTOS AND WHATSAPP MESSAGES

The jury was shown pictures of the building taken in the days after Vasilije’s body was found with dozens of stab wounds.

Photos showed blood stains on a door handle and tiles in the building’s entrance.

In Vasilije’s apartment, blood was found on the kitchen floor, dining area, living room and the inside of the door.

The jury also saw photos of blood on a knife in the dish rack next to the sink.

WhatsApp messages between Hasan and Waterloo regional police detective Peter Collison were shown to the jury.

A message from Hasan said: "Detective I did not attack her first. She came at me with a knife after i reveled (sic) to her what I did in the past. Things were good, I was I was (sic) in her room for hour just cuddling and kissing. Even ask her roomate (sic), when I came back to get my Keychain (sic) I told her the truth and it got physical. She then went for the knife."

Hasan said his hands got cut up trying to protect himself.

He added: "My hands go to (sic) cut up trying to protect myself. "I then u (sic) had to do something back and it got out of hand."

MAY 2, 3 - FORENSIC PATHOLOGIST TESTIFIES

During the third week of the trial, Dr. Linda Kocovski, who performed the autopsy the day Vasilije died, took to the stand to explain her findings.

She told the jury that a total of 47 stab wounds were found on Vasilije’s body. Kocovski determined the cause of death was multiple stab wounds to the neck and chest.

The stab wounds appeared to be concentrated on her upper body, with 27 of them on her neck, six on her chest and the rest on her face, back and arms.

In particular, Kocovski determined two stab wounds to the chest would have been fatal. Kocovski took to the stand for a second day, this time speaking to injuries found on Hasan.

In her testimony, Kocovski said there were stab wounds and cuts on Vasilije’s hands that appear to be defensive injuries, some likely caused by trying to grab a blade.

When asked by the crown if she observed any offensive wounds on Vasilije, Kocovski replied she did not.

Kocovski was also asked to analyze images of injuries on Hasan.

They show six injuries on his right hand and one on his left.

Some of the injuries appear to have been caused by a sharp object.

Kocovski determined: “While it is not completely possible to rule out these injuries were defensive, the findings would be more supportive of offensive injuries."

MAY 10, 11, 12, 15: HASAN TAKES THE STAND

Four weeks into the trial, Hasan took to the stand to testify about his traumatic childhood, including dropping out of school when he was 16.

He said he was depressed and anxious and attempted suicide twice.

Hasan began his testimony by answering questions from his lawyer – with his defence team forgoing an opening statement and instead calling Hasan immediately to the stand.

Hasan answered ‘yes’ when asked if he stabbed Vasilije and ‘yes’ when asked if he killed her.

“Did you intend to kill her,” the lawyer asked.

“No,” Hasan answered.

At one point, Hasan's lawyer put up a picture of Hasan with three friends – Alan, who died by suicide, and the other, Cpl. Nathan Cirillo, who died in the 2014 attack on parliament.

A photo entered into evidence in the trial of Ager Hasan shows him with Corporal Nathan Cirillo.

Hasan testified the two were close friends, and Cirillo was like an older brother who helped him through a dark time.

The jury heard that Alan died around one week before Hasan and Vasilije went on their first date on Feb. 8, 2016.

The jury heard about the final months of Hasan and Vasilije’s relationship, which Hasan said endured many breakups and reconciliations initiated by both sides.

The couple's last break up was on April 3.

On April 27, Hasan said he was invited to Vasilije’s apartment for closure and to end the relationship.

Hasan told the court that Vasilije said: “We can go back to the way things were before.”

He said when he left her apartment for the first time, “things were good,” and they were “back on track.”

The jury was again shown this video of Hasan and Vasilije in the parking lot outside her Country Hill Drive apartment.

Hasan said he was ready to leave when he decided to go back to the apartment to come clean about sleeping with another woman after they broke up three weeks before.

He said after that first confession, other confessions followed, and he told her about prior infidelities that occurred during the relationship.

“It all just kinda came out. I told her, 'yeah, I did hook up with other girls,”' Hasan testified.

He then told the court: “She was upset and angry she started hitting me.”

“I pushed her off me."

“Next thing that happens is she reaches for a knife. I know it made contact with my hands,” he said.

Hasan said after pushing Vasilije off and attempting to take her knife, he then grabbed another knife and stabbed her somewhere in the chin.

Hasan said he only remembers stabbing Vasilije twice, once in the chin then the shoulder.

“I remember stabbing her twice … I was overwhelmed,” he testified.

After the two stabs, Hasan said: “I just blacked out after that … when I regained focus, there was blood everywhere.”

“I didn’t expect to lose control like I did,” he said.

Crown lawyer Brandan Thomas began cross-examination on May 12, going through text messages between Hasan and Vasilije sent in the days before her death.

Thomas reviewed messages going back earlier in the relationship, focusing on the couple’s many breakups and reconciliations. Hasan spoke about being incredibly frustrated and extremely concerned she was cheating on him.

MAY 16: "I KILLED HER"

The jury heard an explosive testimony from Hasan on May 16, during which he broke down on the witness stand as Crown lawyers finished their cross-examination of him.

The emotional outburst was atypical of Hasan’s previous days on the stand, which often saw him speaking quietly, with the judge often asking him to speak up.

“I should be in jail for a very long time, but I swear to god, I lost control. Convict me for life, I don’t care… but, I blacked out. Don’t try to say I did this in the right mind,” Hasan said, in part.

“I killed her, yes. I didn’t do this out of anger. I didn’t do this because we didn’t get back together. It happened because I was a [..] idiot, it’s all just hitting me.”

The cross-examination is now over.

It will soon be up to jurors to decided whether to convict Hasan of second-degree murder or manslaughter.

MAY 23: CLOSING ARGUMENTS

After five weeks, the Crown and defence gave their closing arguments.

Scott Reid, Hasan's lawyer, began his closing arguments by acknowledging this was a difficult case.

Reid said his client has admitted responsibility for Vasilije’s death, but despite this, he’s not guilty of second-degree murder.

"You might feel repulsed by him, you might hate him, but that does not mean he is guilty of murder,” Reid said to the jury.

He said the jury has to rely on evidence, not emotion.

Reid said they must believe beyond a reasonable doubt that Hasan intended to kill Vasilije.

Meanwhile, the Crown told the jury there was no reconciliation, there was no confession and that Vasilije never attacked Hasan.

The Crown said the evidence shows Hasan as "a man who was obsessed, relentless and fixated on his relationship with Melinda Vasilije and her loyalty to him."

The Crown further argued it was jealousy and obsession that sent Hasan back to her apartment that night.

"Ager Hasan refused to accept the end of the relationship,” the Crown said, adding he was filled with rage when he stabbed her 47 times.

MAY 24 - JURY DELIBERATIONS BEGIN

Justice Gerald Taylor says if the jury believes Vasilije provoked Hasan or Hasan was not in a state of mind to commit murder, then they must find him not guilty of second-degree murder.

The Crown must prove beyond a reasonable doubt that Hasan was not provoked and did not lose control.

Hasan’s failure to turn himself in is irrelevant to the case and must not be part of the jury’s decision, the judge says.

As far as what qualifies as provocation, Taylor says there are four criteria that must be met:

  1. Did Vasilije commit a wrongful act? If the jury believes she attacked Hasan with a knife, that constitutes a wrongful act
  2. Would the wrongful act deprive a person of self-control? Would an ordinary person have lost power of self-control when faced with the wrongful act?
  3. Was the wrongful act sudden? If so, Ager Hasan would not have expected it.
  4. Did Ager Hasan act suddenly? Did he act immediately in the heat of passion in response to the wrongful act?

If the jury does not believe any one of these four criteria are not met, they can find Hasan guilty of second-degree murder.

MAY 24- HASAN FOUND GUILTY OF SECOND-DEGREE MURDER

Roughly eight hours after the jury deliberations beagn, the courtroom heard Hasan had been found guilty of second-degree murder.

Around 15 family members and friends of Vasilije were in the courtroom to hear the verdict.

They appeared to let out a collective sigh, with many of them shedding tears upon hearing the jury’s announcement.

Hasan was in the prisoner’s box, just feet away from Vasilije’s family and separated only by a glass panel.

He hardly moved when the jury read out their verdict, and did not present any noticeable emotions. His two relatives in the courtroom donned solemn expressions.

Following the verdict, Hasan was then placed in handcuffs and led out of the courtroom.

SEPT. 6, 7: SENTENCING SUBMISSIONS

Melinda Vasilije's family and friends read victim impact statements.

Through tears and sobs, Vasilije’s mother, Anna Todorivic, said Melinda was: “My heart, my soul, my best friend.”

“The day she died I was destroyed … a part of me is gone with her,” Todorivic said.

“Melinda longed to be a mother …. I will never get to hold her babies.”

“I look at her photo every night crying myself to sleep,” Todorivic continued.

“I look at the door to see if she is coming home … I can’t hear her voice.”

The Crown asked for a sentence of 18 years, beyond the normal guidelines for this type of crime, arguing that the court needs to send a “message against domestic homicide."

The defence requested a sentence of 14 to 15 years, asking the court to consider Hasan's violent and turbulent childhood.

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