Witness refuses to take oath at shooting trial

Just when you thought you'd heard of everything....

A crucial Crown witness who was supposed to begin testifying at a first-degree murder trial today stunned a downtown Toronto court this morning by refusing to take the oath.

"I'm not testifying," Marlon Wilson said shaking his head as jurors looked on in Superior Court.

"You're required to testify sir," Justice Michael Dambrot told Wilson.

"I'm not going to say my name ... I ain't taking no oath," Wilson replied.

"Nice to see you members of the jury," Dambrot said to the seven women and five men who had moments earlier taken their seats.

The jury has heard Wilson is alleged to be a "gang associate" of the three men on trial, Tyshan Riley, 26, Philip Atkins, 25, and Jason Wisdom, 23.

They're charged with first-degree murder and attempt murder in the March 3, 2004 drive by shooting at Finch Avenue and Neilsen Road that killed Brenton Charlton, 31, who worked in a concession stand at the SkyDome. His friend, Leonard Bell, now 48 and a renovator, was hit several times in a barrage of gunfire and survived.

The Crown has described the shooting as a case of mistaken identity linked to gang warfare between Galloway gang members and rivals in Malvern.

Wilson was supposed to testify about receiving a call on the night of the shooting as well as hearing his account about a social gathering later on. The jury was also told on opening day Wilson would give evidence about a .357 Glock found by police to have the presence of DNA of both Wilson and Atkins.

Ballistic evidence will show shells found at the scene were consistent with and could not exclude the fact that one of the guns used in the shooting, Crown attorney Suhail Akhtar told the jury on opening day last week.

About an hour after Wilson's refusal, the jury returned to the court and another attempt was made.

"Mr. Wilson you've indicated you are refusing to take an oath," Dambrot said facing him in the witness box.

"Right," replied Wilson, wearing a blue button-down shirt and a thick black beard and glasses.

"I'm ordering you to take the oath ..is your position still the same?," Dambrot asked.

"Yup," Wilson said,

Dambrot then told Wilson he has the power to find him in contempt of court and impose a punishment or that he could be charged with obstruction of justice.

Wilson shook his head to signal he wasn't changing his mind.

Dambrot then told the jury this was not "an everyday event," and instructed them to return to court Tuesday to give counsel time to reorganize the schedule.