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The family of homicide victim Ali Mohummad, killed in a Limeridge Road West parking lot ambush two years ago, has launched a lawsuit against Hamilton police and others alleging negligence in the 19-year-old's stabbing death.
The statement of claim filed Monday on behalf of Mohummad's estate and family alleges police failed to properly search for the 19-year-old whose body was found about five hours after emergency services were called to 310 Limeridge Rd. W. They claim police failed to act on information from witnesses, who told officers Mohummad was missing. By not searching for and finding Mohummad, they deprived him of necessary life-saving medical treatment, the statement of claim says.
The lawsuit is seeking at least $2.5 million in damages. None of the claims has been proven in court.
Given that the matter is before the courts, Hamilton police will not be commenting," said spokesperson Jackie Penman.
The 19-year-old was fatally stabbed early the morning of July 19, 2020, when a group of teens ambushed Mohummad's older brother, Hamza Chaudry, amid an ongoing conflict.
Two teens were convicted of manslaughter and assault charges last month after Ontario Court Justice Bernd Zabel found they had organized the ambush. A third teen is scheduled to stand trial for second-degree murder in January. None can be named under the Youth Criminal Justice Act.
The lawsuit names multiple police officers, the Hamilton Police Services Board and multiple John Does," representing the teens, unknown assailants and their guardians. The lawsuit also names the owner of 310 Limeridge and a vehicle insurance company. None of the named defendants have yet been served or had an opportunity to respond with a statement of defence.
Police and witnesses testified during the teens' trial earlier this year that it was a chaotic scene. Chaudry was stabbed and several other friends assaulted. Video taken from a nearby apartment balcony showed Mohummad being chased through the parking lot.
Soon after, Chaudry and those friends could not find Mohummad. During the trial court heard that police responded to the scene, including a canine-unit officer, but that Mohummad was not initially found. Hours later police found a blood trail and the canine unit was called back to the scene. The police dog led officers on a 120-metre track to an embankment by a nearby apartment building and found Mohummad's body.
Forensic pathologist Dr. Michael Pickup testified during the trial that it's likely Mohummad was stabbed twice in the chest in the parking lot and ran, before collapsing and bleeding to death from the wounds in his lung. Pickup also testified that death would not have been immediate, that he may have survived for many minutes." Even in hospital he may not have survived.
Lawyer Muhammad Alam, who is representing the victim's family in the civil case, said he anticipates he and his clients will seek their own pathologist to review the medical evidence in the case.
Alam alleged the case was mishandled and mismanaged by police, who didn't listen to Chaudry's concerns about his missing brother.
The chaos (of the scene) does not justify that you don't take any action," Alam said.
In the statement of claim the family says they are seeking compensation for the loss of guidance, care and companionship" of Mohummad, medical and funeral expenses and lost earnings.
The loss has been profound for Mohummad's family. They are seeking justice in both criminal and civil court, Alam said.
Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com