Jury finds Ager Hasan guilty of second-degree murder

A jury in Kitchener has found Ager Hasan guilty of second-degree murder in the 2017 killing of his ex-girlfriend Melinda Vasilije.

The verdict was delivered to the courtroom Wednesday evening, roughly eight hours after the jury began deliberations.

It follows a trial that spanned five weeks and included testimony from a forensic pathologist, Vasilije’s sister, Vasiljie’s roommate and Hasan himself.

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.

Outside the courtroom, the Vasilije family exchanged hugs while also hugging and thanking the Crown attorneys who tried the case.

The second-degree murder conviction comes after the Crown had rejected Hasan’s guilty plea to the lesser charge of manslaughter.

Second-degree murder convictions come with a mandatory sentence of life in prison with no chance of parole for 10 to 25 years, depending on the judge's discretion.

The judge has set Sep. 6 as the date for the sentencing hearing.

FAMILY RESPONDS TO VERDICT

Too emotional to speak after the verdict, Vasiljie’s mother issued a statement on behalf of the family.

“Melinda is a beautiful, bright, smart , funny and caring person. She didn’t deserve to die. She was full of life. She loved her family. My children are my world. The day Melinda was taken from us, it broke my heart into pieces. I miss her so much,” the statement said.

The second-degree murder verdict came as a relief, but it is far from a reason for celebration her mother said.

“Justice has been done but will not bring my daughter back. At least we got some closure and she has peace now. We have waited Six years for this. She will always be with me and in my heart forever until we meet again,” she said.

Adding: “Her memories will forever be with us. Rest in peace my beautiful angel Melinda”

TESTIMONY AT THE TRIAL

Hasan admitted to killing Vasilije on April 28, 2017, but said she attacked him first, and that after stabbing her twice, he blacked out.

The jury heard Vasilije was stabbed 47 times while in her Country Hill Drive apartment in Kitchener.

During the trial, Hasan answered ‘yes’ when asked if he stabbed Vasilije and ‘yes’ when asked if he killed her.

When asked if he intended to kill her, Hasan answered "no."

The jury heard explosive testimony from Hasan on May 16, during which he broke down on the witness stand as Crown attorneys 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.”

WHAT THE JURY CONSIDERED

Justice Gerald Taylor told the jurors to question whether they believe Vasiljie provoked Hasan, or if Hasan was not in a state of mind to commit murder.

He told them if they believed he was not in a state of mind to commit murder, they must find him not guilty of second-degree murder.

As far as what qualifies as provocation, Taylor said the following criteria had to 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?