Edmonton’s Ebraheem Mustapha was sentenced to probation for his role in an alcohol-fuelled bar fight that left two men suffering stab wounds and several others nursing bruises.
Mustapha, 20, pleaded guilty in St. Albert Provincial Court Monday to three charges of assault, stemming from the Nov. 20, 2010 altercation outside of Friday’s Lounge & Grill in St. Albert.
“Alcohol-fuelled assaults in a bar context are unfortunately too common,” said Judge Bruce Garriock, adding this sort of incident is a problem in St. Albert.
He sentenced Mustapha to 15 months probation with a no-contact condition with the co-accused, who cannot be named under the Youth Criminal Justice Act, and all three victims.
Additional conditions included prohibition from attending the local bar, providing a DNA sample to the RCMP database and 10 years of weapon prohibition. He was also ordered to pay $300 in victim fine surcharge.
“My client’s role in this is relatively minor,” said defence lawyer Duncan Gibson. “He saw his younger brother involved in a dispute … my client went to assist his younger brother.”
He said Mustapha was not responsible for either stabbing of Mustapha’s brother or the other youth and, instead, the charges were in response to him hitting three people with a closed fist.
Duncan told the court Mustapha was smoking a cigarette after leaving the bar when he saw a group of individuals approach his younger brother. He became involved and was subsequently assaulted by the group, Duncan said.
The confrontation was allegedly racially driven, between a trio of Lebanese individuals and a larger group of Caucasians.
“They very much got the short end of the stick in this fight,” Duncan said.
This beating, along with the consummation of a significant amount of alcohol earlier in the evening, caused Mustapha to be disoriented, he said.
When a woman approached him to help him to his feet, he reacted by punching her in the head. Another woman nearby was also punched.
“He severely regrets his actions,” Duncan said, adding Mustapha has abstained from alcohol since the incident and cooperated with police throughout the investigation.
Crown prosecutor Maria Caffaro sought a curfew and criminal record, which would act as a deterrent for future crimes.
“He has to carry this with him as he goes forward as a citizen,” she said.
Garriock said he considered Mustapha’s early guilty plea, his young age at the time of the offence and his remorse before deciding a proper sentence, but said the “serious physical aggression” also played a role in his decision.
When given the chance to speak, Mustapha told the court he has been working every day at his family’s restaurant, taking only Christmas day off work.
