The mental state of a Calgary man accused of strangling his father to death, dismembering the body and leaving it at an Okotoks construction site three years ago is being called into question at his trial, which began Nov. 2 in Calgary Court of Queen’s Bench.
Zaineddin Al Aalak, 24, is facing second-degree murder charges for the murder of his 53-year-old father, Mohamed Al Aalak, whose dismembered body was discovered by a construction worker at the D’Arcy residential site on Okotoks north end on July 17, 2017.
Al Aalak’s lawyer, Alain Hepner, told the jury they are not disputing Al Aalak killed, and dumped his father’s body at an Okotoks construction site, but said they will be presenting testimony from a psychiatrist about his mental state at the time.
“You’ve heard the opening address by my colleague Crown counsel, which details the most grisly and gruesome set of facts that details the death of and dismemberment of Zaineddin’s father, Mohamed,” Hepner said in his opening statement to the jury. “Much, if not most, of the factual basis of what occurred, as will be relayed by Crown witnesses that will be brought in one after the other are actual facts with which there is no dispute.
"Factual and forensic findings are not challenged. However, and most importantly I’m going to ask you to examine these facts you hear through the lens of the mental state at the time the offense was committed.”
According to Canada’s Criminal Code, in order to be found Not Criminally Responsible (NCR) an accused person must be found “legally insane at the time of the offense.” Those found to be NCR can receive an absolute discharge, conditional discharge or be ordered to be held at a psychiatric hospital.
A provincial review board annually reviews and can change the disposition of a person found NCR, which can include where they can reside, their freedom, and assess their treatment.
Al Aalak’s mother, Eman Sahib, was the first witness, she testified that she noticed changes in her son at the age of 16. Sahib testified through an interpreter that her son would talk to himself, said he was God and would live forever and told her that he heard voices. She said on two occasions the police were called due to incidents involving Zaineddin and he was put in a psychiatric hospital. She said they were unable to find out what happened because her son was over 18-years-old and didn’t give permission to have his health information released.
Crown prosecutor, Carla MacPhail, said she would outline a case that shows Al Aalak was criminally responsible for his father’s murder.
In her opening remarks, MacPhail shared that leading up to the murder, Mohamed was living in a basement suite and his wife was living with four of their children, including Zaineddin Al Aalak. In July 2017, Sahib left for Iraq and asked her husband to check in on their son. Sahib said on July 16, 2017 she could not get in contact with her husband and became concerned, calling her sister and son to find out where he was. Calgary Police Services went to Sahib’s home twice and spoke with Al Aalak.
Early on the morning of July 17, 2017 a worker arrived at the D’Arcy work site and discovered the remains.
Mohamed Al Aalak’s remains were found on the Okotoks D'Arcy residential construction site, MacPhail said.
Soon after Calgary police again attended the home where Zaineddin Al Aalak lived and searched the home, finding a hatchet, hammer and brown liquid and a foul smell in a freezer in the basement of the home. Al Aalak was arrested and charged with second-degree murder.
His trial is scheduled to run until the end of November. It is being held on the Stampede grounds to allow for proper distancing during the COVID-19 pandemic.
