: NV cinema responds te 5 lawsuit

Bob Mackin Contributing Writer

FAMOUS Players has given two thumbs down to a wrongful death lawsuit filed by the family of murder victim Mohammed Mirhadi.

Lawver Don Pangman said neither the theatre chain nor its employees are responsible for Mirhadi’s Feb. 28, 1997 death at Famous Players Esplanade 6 in North Vancouver.

Mirhadi was fatally shot three times during a packed screening of the gangster movie Donnie Brasco. On Feb. 10,a B.C. Suprzme Court jury convicted Michael Caster of first degree murder. Caster, who received an automatic lite sentence, isn’t eligible for parole until 2022.

Pangman is acting for Famous Players, theatre man- ager Andre May and usher Matthew Ward. He claims they had no duty to prevent or to protect Mirhadi from = the “unforeseeable act of violence” because they had no reason to anticipate such an incident would happen.

“The fact is, that the deceased was deliberately shot by one or more assailants who were not known to nor con- nected with the movie theatre or these defendants,” said Pangman in a March 12 state- ment of defence.

Mirhadi's parents John and Shahazad and infant daughter Nikaya Mirhadi-Pathon filed a statement of claim Feb. 16 against Caster and his alleged accomplice, Famous Players, May and Ward, and building owner 356576 B.C. Ltd.

The Mirhadis claim Famous Players, May and Ward failed to ensure Mirhadi would be safe in the theatre. They say Famous Players did not pro- vide adequate security and staffing levels, nor did it pre- vent access to the theatre via an outside door.

No witnesses at Caster's trial could identity him as the gunman. But several theatre

an undercover ROMP officer that he shot Mirhadi. Caster said he sought revenge against Mirhadi atter being slapped and kicked the same week dur- aig a dispute over the qualicy of stolen tape decks.

Therefore, Pangman claims, Mirhadi “knew or ought to have known that be might become a iarget of an act of retaliation or revenge.” Pangman also said) Mirhadi associated with individuals who were invoived in criminal and violent activities.

“That's not fair, that's net fair at all,” said John Mirhadi, the dead man’s father. “They are responsible. They have to secure their premises.

“When the main door is closed and the show is started, no one should have any access to the emergency doors to come inside. The negligence is theirs, they left the door open, the assailant used that door and they are responsible for it.”

Paul McMurray, Caster’s lawyer, filed a statement March 8 denying that his client shot Mirhadi. The state- ment also denies Caster gained access to or escaped the movie theatre by using an unlocked door.

Caster is appealing the mur- der conviction. He is also fac- ing trial this fall on a weapon- possession charge. North Vancouver RCMP claim a Mauser-Werve handgun was found in Caster’s motorcycle when he was arrested for Mirhadi's murder on Sept. 13, 1997,

EM., Caster’s alleged accomplice, will be triccl this fall tor first-degree murder. A court order prohibits publica- tion of the man’s full name.

As for the civil lawsuit, 4 trial is at least a year away,

| Dumped truck

Sunday, March 21, 1999 — North Shore News — 5

Tee

UPS NEWS photo Terry Peters

EMERGENCY personnel responded to 2 mishap on the Cut portion of Highway 1 last Wednesday. The driver of the truck purposely drove it into the ditch rather than descend the steep hill after realizing his brakes were acting up.

Robber pours gasoline over store clerk

A bizarre robbery took place ata Rogers video store on Marine Drive in North Vancouver Thursday.

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Artist's take on suspect.

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