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Mistrial for Canadian Inmate Charged with Murdering Fellow Prisoner
By Canadian Press
Published: 05/20/2003

A mistrial was declared May 14 for one of three inmates charged with beating another prisoner to death during a savage riot at a southern Alberta prison.
Justice Richard Marceau made the ruling after the Crown finished presenting its case in the death of Jarrett Jabs at Drumheller Penitentiary in 2001. David Lind Boersma, 36, smiled before being remanded in custody pending the next legal move. The Court of Queen's Bench judge did not give the jury reasons for the mistrial. 'It's not a matter on which you are allowed to speculate,' he said. 'Trust that the reasons were good reasons.'
A trial on charges of first-degree murder and aggravated assault will continue against Koleman Francis Buffalo, 24, and Thomas Michael Fraser, 21.
Jabs was beaten and repeatedly stabbed during a prison uprising Nov. 12, 2001. The 21-year-old Calgary man's lifeless body was dragged through the prison and eventually pushed through a window in another wing of the penitentiary.
A fatality inquiry, which must be held whenever someone dies in government care, cannot go ahead until all criminal proceedings are finished.
His mother, Veronica Bayley, said outside court she's frustrated with the delay: 'It's going to be, what, another year or two years?
'I'm pretty upset with the whole decision. I'm really disillusioned.'



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