THE CANADIAN PRESS

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MONTREAL - Five men charged in a vicious nightclub stabbing where a man was killed in a case of mistaken identity were set free on Monday after a judge ordered their trial halted.

Judge Sophie Bourque cited unacceptable conduct by the Crown prosecutors in her decision to order a stay of proceedings in the second-degree murder case.

She said the problems with the prosecution had prevented the men from getting a fair trial.

Her ruling came after a key witness was unwilling or unable to recall details of what happened at a Montreal nightclub that evening in October 2005 when Raymond Ellis was stabbed to death.

Ellis, 25, had gone to the club with friends to celebrate his decision to open a clothing store.

Several street gang members were also in the bar to mark the death of one of their friends.

Testimony at the trial, which began last September, indicated that Ellis was wearing a jacket that matched the colour of jackets worn by a rival gang.

That allegedly set off some of the street gang members, who yelled that Ellis was the man who had killed their friend.

He was apparently set upon by 15 men, beaten and repeatedly stabbed. His friends escaped unharmed.

The case had been going smoothly until the Crown's key witness suddenly refused to testify against the defendants, even though he had implicated three of the five accused to police and testified against them at a preliminary hearing.

The witness was apparently heard bragging he had received money to change his story and last month the Crown tried to declare him a hostile witness.

The Crown asked the judge to have the trial delayed for a few weeks but did not reveal the reason for its request. The Crown reportedly tried to put a police undercover officer in the detention centre to find out what was happening with the witness.

The defence learned of the tactic and called the Crown on it in court, accusing the prosecution of trying to tamper with a witness. At this point, the Crown asked for a mistrial.

Instead, Bourque ordered a stay of proceedings on Monday and set the accused free.

Defence lawyer Joseph LaLeggia said the judge made the right call.

"I think every citizen would want to be treated the same way, to have the belief that if one day they are charged in court that the Crown prosecutor is not out to hang them but is going to act according to the law," he said. "That's what the judge said today."

The five defendants, who range in age between 20 and 24, were seen later leaving the courthouse, shaking hands and hugging each other.

Cleveland Alexander Scott, one of the men, maintained his innocence.

"My heart goes out to the victim's family," he said. "I don't think the justice system was that honest with us and with the victim's family."

The Crown said it would review the case.

One man was convicted in March on a second-degree murder charge in the case.