Calgary·Updated

Bail decision reserved for passenger in hit and run that killed Calgary police officer

One of the two teens charged with first-degree murder in the hit-and-run death of a Calgary police officer must wait before learning whether he'll be released on bail.

The teen driver of the vehicle has already been denied bail

A police officer wearing his dress uniform stands in front of a brick wall.
Police allege that Amir Abdulrahman was a passenger in an SUV that killed Sgt. Andrew Harnett. (Strathmore Legion/Facebook)

One of the two teens charged with first-degree murder in the hit-and-run death of a Calgary police officer must wait before learning whether he'll be released on bail.

On New Year's Eve, Sgt. Andrew Harnett, 37, was killed when an SUV he had pulled over took off, carring the officer more than 400 metres.

When Harnett pulled over the SUV, Amir Abdulrahman, 19, the alleged passenger, was wanted on four warrants, including one for assault and three for failure to comply with court orders, according to court documents.

On Friday, prosecutor Mike Ewenson argued for Abdulrahman's detention while defence lawyer Balfour Der argued for his client's release pending trial.

Der proposed 24-hour house arrest if his client were to be released.

"He will be in one of his parent's company at all times, he will never be alone," said Der speaking outside the courtroom.

"We're saying any danger to the public, any risk that he might not show up, would be eliminated by virtue of him being in the care of his parents all the time."

Abdulrahman's parents and three younger brothers were in court for the hearing.

Court of Queen's Bench Justice David Gates has reserved his decision after the day-long bail hearing. All of the evidence and arguments presented are protected by a publication ban. 

Amir Abdulrahman is accused of murdering a Calgary police officer. He's asked a judge to grant him bail pending trial. (Calgary Police Service)

Around 11 p.m. on Dec. 31, 2020, Harnett had pulled over the SUV because its lights weren't on.

After speaking with the driver, who police allege is the younger accused teen, Harnett was in the process of issuing traffic tickets related to the driver's graduated licence and headlights.

CBC News previously reported that Harnett was carried 400 metres before he was flung from the fleeing SUV.

Fellow officers tried to revive Harnett but he died in hospital about an hour later.

At the beginning of Friday's hearing, Ewenson indicated his plan to proceed by direct indictment, meaning there would be no preliminary inquiry, a hearing which defence lawyers typically like so that they can test the evidence ahead of trial. 

"It's less of a concern in a case like this because so much of the evidence is just based on the body-worn camera videos from the police officers," said Der after the bail hearing. "We don't need to test witnesses in that scenario."

Two weeks ago, a youth court judge denied bail to the SUV's alleged driver, who was 17 at the time and cannot be identified.

Prosecutors have indicated that if convicted, the Crown will seek an adult sentence for the youth, which would mean life in prison with no eligibility for parole for 10 years.