R. v.

Muhammad Manzour Parvez (father) and Waqas Parvez (son) AGREED STATEMENT OF FACTS

FAMILY HISTORY

The victim in this matter is Aqsa Parvez, She was 16 years old when she was murdered in her family home located at 5363 Longhorn Tr., Mississauga. The cause of death was neck compressions. She was the youngest of eight children born to the accused, Muhammad Manzour Parvez and his wife Anwar Jan. Aqsa had 3 older brothers and 4 older sisters. The youngest of her older brothers is the accused Waqas Parvez.

Aqsa's father was 57 years old when he committed this offence. Her brother, Waqas Parvez, was 26 years old.

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The whole family was born in Pakistan. In 1999 the accused, Muhammad Manzour Parvez came to Canada with his eldest son Muhammed Shan when they claimed and were granted refugee status. Aqsa's mother, Anwar Jan immigrated to Canada with the remaining 7 children in 2001. Aqsa would have been 11 years old when she came to Canada.

On the day of the murder, all but two ofthe eight children lived at 5363 Longhorn Tr. in Mississauga.

Aqsa's older sisters and brothers were:

• Muhammad Shan Parvez. He was 31 years old at the time of the offence. After immigrating to Canada he married to Shazia Shan. They had one child at the time of the offence. The three of them were in the family home in their upstairs bedroom when the offence took place.

• Atishan Parvez . He was 27 years old at the time of the offence. After he immigrated to Canada he married Wajiha Akhtar. They had a new-born at the time of the offence and they were upstairs in their bedroom at the time of this offence.

• The accused, Waqas Parvez. After he immigrated to Canada he was married to Uzma Tabassum. They had no children. At the time of the offence, UZIDa Tabassum was upstairs in their bedroom.

• Shasma Parvez . She was 21 years old at the time of the offence. She shared a bedroom in the basement with her sister Irim and was home at the time the offence took place.

• Irim Parvez. She was 18 years old at the time ofthe offence. The basement bedroom she shared with her sister Shasma was a few feet away from Aqsa's bedroom.

• Tahsen Parvez. She was approximately 28 ears old at the time of the offence.

She was married at the time of the offence and lived elsewhere with her husband.

• Mahwash Parvez. She was approximately 30 years old at the time ofthe offence and lived elsewhere with her husband.

All the women in the family dressed traditionally. None of the women in the family worked outside of the home, The women were financially dependant on the men in the family. The accused, Muhammad Manzour Parvez worked nights as a taxi driver. The eldest son, Muhammad Shan worked days as a taxi driver. The second eldest son, Atishan worked full time as a mechanic and part-time in a restaurant. The accused, Waqas worked nights as a tow-truck driver. The marriages of all of the children were traditionally arranged. All the children married their cousins from Pakistan, who subsequently immigrated to Canada.

Shasma and Irim were not married at the time of the offence. Shasma was engaged to someone who was relocating from Pakistan. Neither Shasma nor Irim worked or went school. They had both previously attended Applewood High School. Trim completed high school in June 2007, Shasma did not complete high school and stopped attending Applewood some time in 2006. Since this offence took place, the accused Muhammad Manzour Parvezapproved Trim's arranged marriage to someone from Pakistan who has since immigrated to Canada. At the time of the offence Aqsa, was in grade 11 at Applewood High School. Prior to her death Aqsa confided in her counsellor that her parents had already chosen someone in Pakistan for her to marry. Aqsa's eldest brother confirmed that preliminary arrangements between his father and the boy's family had taken place.

BACKGROUND LEADING UP TO THE OFFENCE:

Approximately one year prior to the murder, when Aqsa was 15 and in Grade 10, she started confiding in her friends and school official's about some problems she was experiencing at home. She complained of isolated incident of verbal and physical arguments at home between herself and her siblings. Aqsa also disclosed that she was experiencing conflict at home over cultural difference between living in Canada and back home. In particular, she told her Vice Principal that she no longer wanted to dress traditionally like the other women in her family and she did not wish to wear a hijab, Aqsa told her Vice Principal that she was afraid to tell her father that she no longer wanted to wear a hij ab.

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On November 9, 2006 Aqsa's Vice Principal organized a meeting between CAS, a counselor from India Rainbow Services, Aqsa and her father. At this meeting Aqsa disclosed to her father she did not want to wear the hijab any longer. Her father declined to give her permission to do so. They also discussed the problems Aqsa was having at home with her elder siblings. Mr. Parvez assured the officials that he would take care of the issues that Aqsa was having at home with her sisters and brothers. He told officials that "he was in control of his house, he made all the decisions and his children do as he says. "Privately, to an India Rainbow counselor, Aqsa explained that she felt her sister

Irim, who was in her last year at Applewood at the time, was spying on her at school and reporting back to her father. Aqsa completed Grade 10 without any further involvement between school officials and her father. Aqsa was referred to a school counseling group called "Girl Power." She attended 8 sessions and was quiet and shy through out the sessions. Aqsa completed Grade 10 but did not pass 3 of her classes. Her school attendance also started to falter.

In September 2007 Aqsa commenced Grade 11 at Applewood High School. The school called Aqsa's home when they noted she was absent from school in the first few days. A meeting was scheduled between Aqsa, her father and school officials on September 17, 2007. At that time Aqsa's father told the school officials that he intended to take Aqsa out of Applewood High School and had plans to enroll her in an Islamic schooL Aqsa was asked by the Vice Principal what her wishes were. Aqsa said she wanted to stay at Applewood and she did not want to wear her hijab any longer. After the provisions of the Education Act were explained to Mr. Parvez, he agreed to continue to let Aqsa attend Applewood provided she passed her classes and did not skip schooL Mr. Parvez did not give Aqsa permission to not wear her hijab,

After this meeting on September 17, 2007, Aqsa met privately with a school counselor. She explained that she was afraid to return home after school given what had taken place. She explained to her counselor that prior to the meeting her dad had instructed her to tell the officials that she wished to leave Applewood, Aqsa told her counselor that she was afraid her father would kill her because she did not say what she was suppose to say. She also explained that she wanted to stay at Applewood because she had friends there and she didn't believe her father was going to register her in an Islamic schooL Aqsa explained how she wanted to dress like the other kids at school and have the same freedoms. She explained that she had no freedom at home and no privacy. She explained that she did not have a door on her bedroom, her freedom to talk on the phone with friends was restricted, she was required to come straight home after school and expected to spend her evenings and weekends at home as well. Aqsa's friends confirmed that Aqsa went directly too and from school on a daily basis. On two occasions in the fall of2007 Aqsa was given permission to have her friends visit her at home after schooL Her friends observed that Aqsa did not have a door to her bedroom. Police later discovered that Aqsa's bedroom was located in the basement of the family residence, at the foot of the stairs. Her bedroom had two doorways. The doorway leading into her bedroom at the foot of the stairs did not have door. The second doorway led to the rest of the basement and it had a door. The door which led to the rest of the basement is where her parent's bedroom was located, as well as a washroom and a recreation room. In order for her parents to access their bedroom and the upstairs of the home, they had to walk through Aqsa's bedroom daily. One of the walls for Aqsa bedroom was also unfinished and there was an opening through which anyone could see into her bedroom. Every other family member had a bedroom with a door. There were three other rooms in the home with doors that were being used for storage.

After Aqsa expressed her fears about returning home on September 17, 2007 to her counselor, the school counselor made arrangements for Aqsa to stay at a shelter that

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evening. At the end of the school day Aqsa returned to her counselor's office and appeared afraid. Aqsa went to her counselor to report that her father and sister Irim were waiting for her outside the school. This was unusual as Aqsa normally took a school bus to and from school. The counselor also observed Mr. Parvez and Irim waiting at the front of the school. The counselor had Aqsa wait in her office and escorted her out the back of the school and into taxi that took her to a shelter, unbeknownst to her father and sister.

When Aqsa did not return home after school on September 17, 2007 Mr. Parvez reported Aqsa missing to the police. When he did so, he told police that earlier in the day they had had a disagreement over Aqsa not wanting to wear traditional clothing to school.

Aqsa stayed in a shelter for 3 nights. She returned home after receiving a letter through a friend at school, Amal Tahir. Amal Tahir was a mutual friend of Aqsa and her sister Irim. The letter was written by Irim. In the letter Irim pleaded with Aqsa to come home. Irim also assured Aqsa that nothing would happened to her if she did and that if she returned home her parents were going to allow her to wear what she wished. Aqsa subsequently consulted with her school counselor and showed her counselor the letter. Her counselor kept a copy of the letter (enter as an exibit) .

.Aqsa returned home after receiving the letter from Irim and her mother brought her shopping for "western clothes." Aqsa was permitted to wear non-traditional clothes to school and she continued to attend Applewood, Over the next three months leading up to her death, Aqsa complained to her close friends about the way she was being treated at home by her parents, sisters and brothers and her continued lack of freedom. Aqsa's friends had noticed that Aqsa was still required to go directly to and from school. Aqsa complained that she was not permitted to socialize outside of school hours and was not allowed to get a part time job. She told her friends that her father did not like the friends she was keeping. In the fall 0[2007 Aqsa skipped many classes to spend time with her friends and her marks suffered as a consequence. She was suspended from school twice in October for her absenteeism and notices were sent to her parents.

In the fall of 2007 Mr. Parvez was seen on school property on numerous occasions and was escorted off the property. On one occasion Irim was also located in the hallway of the school and was asked to leave as she was no longer a student there. She subsequently left with her father who was waiting for her outside the school.

In the fall of 2007, school officials made a referral for family counseling with India Rainbow. In a family counseling session which took place on November 19, 2007, Mr. Parvez appeared angry and frustrated with Aqsa's performance at school and her lack of communication with them. He indicated that he did not understand why Aqsa was so unhappy after he had allowed her to wear ''western clothes" and attend public school. At one point in the meeting he angrily told the counselor that in Canada "women are able to open their mouths because they have rights, but if the same woman was in Pakistan, she don't dare open her mouth." Mr. Parvez also told the counselor he still used physical force with one of his adult sons. The counselor cautioned him against using force.

During this counseling session Aqsa said nothing except that she was "fine" and didn't

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like one of her classes. Her mother said nothing and just cried. Subsequently, Aqsa privately complained to the counselor that her family was constantly making her feel bad about having left home in September and Aqsa confided that she didn't think that things would change at home, that she had no freedom. She was only allowed to go directly to and from school and her father would not permit her to have a part time job.

At the end of November 2007 Aqsa decided she was going to leave home for a second time. Approximately 2 weeks prior to leaving home again, she confided in her closest friends that her father had sworn to her on the Koran that if she ran away again he would kill her. Her friends tried to assure her that her father could not be serious. Aqsa tried to explain that her situation was different. Aqsa also reported to her closest friends that she was afraid of what her father and brother would do to her. She also complained that she felt her father and brother were closely monitoring her and driving by the school to check up on her.

On Thursday, November 29, 2007 Aqsa packed a bag with the intention of not returning home from school that day but her mother became suspicious. Her mother confronted her at the bus stop and took away her knapsack with the belongings she had packed. Aqsa went to school and spoke to her counselor and asked the counselor to help her find a place to stay that evening. Later the same day Aqsa told her counselor that her friend was going to let Aqsa spend the night at her place. Aqsa spent that night at her girl friends house, the older brother of whom she had a crush on.

The next day, Friday, November 28, 2007 Aqsa went to school as usual and again did not return to her family home. She spent a second night with the same girlfriend.

The following morning, on Saturday December 1,2007, Aqsa walked from her girlfriend's house to another friend's house, Amal Tahir. Amal Tahir was the friend who had passed the note to Aqsa from her sister him, the first time Aqsa left home. After Aqsa's first departure from home in September 2007, Amal had let Aqsa know that she was welcome to stay at her home if she ever needed to, instead of going to a shelter.

When Aqsa arrived at the Tahir residence, her friend Amal was not home. But Amal's mother, Mrs. LubnaTahir was home. Mrs. Tahir welcomed Aqsa into her home. Mrs. Tahir had previously been made aware of Aqsa's situation by her daughter Amal. Mrs. Tahir started to talk to Aqsa about what was troubling her. Aqsa was mostly quiet. Mrs. Tahir was also from Pakistan and had 5 daughters. Mrs. Tahir empathized with Aqsa's circumstances and told Aqsa that she was free to stay with her husband and her daughters for as a long as necessary.

The next day, Sunday, December 2, 2007 Mr. Parvez called the police to report Aqsa missing. He told police that he had had an argument with his daughter before she tan away about the fact that she was skipping school and other behavior issues. Later the same day, Aqsa went with Amal's younger sister to visit a friend to do homework. This friend was Muslim as well and knew Aqsa's parents. Once this friend's parents learned

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that Aqsa was staying with the Tahir's they called Aqsa's home and told one of Aqsa's sisters where they could find Aqsa. Later the same evening, Aqsa's parents and her sister Irim attended the Tahir residence unannounced. When they arrived, Aqsa appeared frightened and went upstairs.

Mrs. Tahir encouraged Aqsa to come downstairs to speak with her parents. What followed was an emotional meeting wherein Aqsa sat on a couch beside her mother and said nothing, while her mother wept and her father begged Aqsa to come home. Mr. Parvez said he would do whatever it took to have Aqsa return home. Mr. Parvez also started to cry. Aqsa said nothing and just looked down. Mr. and Mrs. Tahir stood by and when Aqsa would not respond to her crying father, Mrs. Tahir encouraged Aqsa to say something. When Aqsa did speak, it was only to say that she wanted her parents to leave and she wanted to stay with the Tahir family and then she left the room. A distraught Mr. Parvez went on to tell Mr. and Mrs. Tahir that Aqsa was making his life miserable and that he had given her more than he had given any his other children Mr. and Mrs. Parvez thanked the Tahir's for looking after their child and left with Irim.

Between Sunday, December 2, 2007 and the date Aqsa was killed on Monday December 10, 2007, there were multiple attempts by Aqsa's family members to persuade her to return home. During that week Mr. Parvez spoke with Mrs. Tahir and asked Mrs. Tahir to convince Aqsa to talk to him. On or about Wednesday December 5,2007 Aqsa agreed to go for a coffee with her father, but only if she could be accompanied by one of Mrs. Tahir's daughters. Mrs. Tahir agreed. Mr e . Parvez picked Aqsa up with his daughter in law, Shazia and his daughter Shasma they went to a coffee shop to talk. Mr. Parvez, Shazia and Shasma all tried to convince Aqsa to come home. Her father again offered to do anything for her in order to have her return home. Mr. Parvez offered to give Aqsa her own apartment in the basement of their family home and to give her an allowance of $100 a month. Aqsa rejected her fathers' offer.

On or about Thursday, December 6, 2007, Aqsa's sister-in-law Shazia attended the Tahir family home to bring Aqsa some clothes. Aqsa was annoyed that Shazia did not bring her any western clothes, but just her old traditional clothes. Shazia used the opportunity to try and convince Aqsa to come home. Shazia urged Aqsa to return home, arguing that her father's health was suffering because of the stress she was causing him. Aqsa did not agree to come home or visit her father.

On Friday, December 7,2007, Aqsa told her friends that her brother Waqas picked her up on the way to school, drove her to school, gave her $10 and tried to convince her to return home. Aqsa told her friends that she was annoyed that her brother treated her like a child and would think that $10 would get her to come home.

The day before she was killed, Sunday, December 9, 2007 there was a birthday party for one of the Tahir children at their home. Aqsa was present. Aqsa's sister Irim was invited by their mutual friend Amal Tahir. Prior to the party, Aqsa asked Amal to ask Irim to bring some of Aqsa's belongings from the Parvez home to the party. Irim did not do so. Irim told Amal that this was stuff her father had purchased and if Aqsa was

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going to start her own life she would have to get her own stuff. Mrs. Tahir spoke with Irim at the party. Mrs. Tahir told Irim that the day before Aqsa had gone to the.movies for; the first time. Aqsa had told Mrs. Tahir that she and h~r sisters had never been to a

. movie and her parents would not have approved. Aqsa and Irim did not speak with one another at the party.

During the week she spent at the Tahir residence prior to her death, Aqsa went to school and reported her change of address to her counselor. She asked her counselor to

1 e she had prepared and ex ressed a desire to get a part time job,

something her father a never permitted her to do. During thIS wee:k"Aqsa"s appeared

liappy and determined to start a new life for herself. ~,~-----~,,-----. ,. --" c_

THE DAY OF THE OFFENCE:

The day after the party at the Tahir residence, Monday, December 10,2007, Aqsa walked to the bus stop with Amal Tahir. Their bus was scheduled to pick them up at 7:20 a.m, A couple of minutes before the bus arrived, Amal saw the Parvez family van approach them. Amal saw Waqas driving the van and heard him-GaI.l-Gm-to Aqsa. Aqsa ~aid to Amal "Db my ged he is here again." aDd handed her books to Amal and told AmaL she "would be right back" Amal..s<lW Aqsa walk ov:er to the van and talk to Waqas from the drivers side window. T~ schQQl bus arrived and Amal got on without AqsaWhen Amallooked to see where Aqsa was, the van and Aqsa were nowhere to be seen. Another student at the bus stop saw Aqsa get into the van just before the school bus arrived at 7:20.

The Parvez family residence was approximately a 5 minute drive from the bus stop where Aqsa was last seen alive.

At 7:56 a.m, Aqsa's father placed a 911call to police. He declared that he had "killed his daughter" using his hands. He told the operator that his daughter had come home to.take some of her belongings and he got angry with her. He also indicated that 15 minutes had passed since he killed her.

Police arrived and entered the Parvez home at 8:03 a.m, They found no one on the main floor of the two storey home but heard voices coming from the basement. They proceeded to the basement and located Aqsa lying face up on her bed. She was fully clothed and had her jacket on. She had no vital signs. There was blood coming from her nose. One police officer started to perform C.P.R. on her. Another officer dealt with Mr. Parvez, and Aqsa's hysterical mother, and her brothers Mohamed Shan and Atishan who were also in the basement. The officer asked Mohamed Shan and Atishan to stay with their mother. Aqsa's father identified himself to the police as the 911 caller and admitted he killed Aqsa. Mr. Parvez was placed under arrest. Paramedics arrived and Aqsa was transported to hospital. After numerous resuscitative efforts failed, she was pronounced dead later that evening. An autopsy was subsequently performed and the cause of death was determined to be "neck compressions."

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The remaining family members in the house were located by police on the top floor of the home where a number of bedrooms were situated. Located upstairs in the home, police found Muhammad Shan's wife Shazia and their infant child, Atishan's Wajiha and their new born child, Aqsa's sisters Irim and Shasma, and Waqas's wife Uzma. Waqas was not home when police first arrived. Waqas later arrived in his tow truck sometime after 8 :30 a.m. Police subsequently interviewed all the family members.

In an interview with police later the same day, Aqsa's mother told police that her

. husband came into their basement bedroom in the early morning hours and woke her up to armounce that he had killed Aqsa, Mr. Parvez told his wife not to go into Aqsa's bedroom before police arrived. In her statement to police Aqsa mother indicated as follows:

Officer REHAN:

ANWAR JAN:

OfficerREHAN:

ANWAR JAN:

Officer REHAN:

ANWAR JAN:

Officer REHAN:

ANWAR JAN:

Officer REHAN:

ANWAR JAN:

OfficerREHAN:

ANWAR JAN:

Officer REHAN:

ANWAR JAN:

The incident that has taken place today, what are your views about it?

I told him - what crime have you committed? You should not have killed her. Why did you kill her?

What?

You should have let her go where she wanted to, why did you kill her?

What did you say? Why did you commit this crime? Why did you kill her?

Why did you kill her? He said this is my insult. My community will say you have not been able to control your daughter. This is my insult. She is making me naked. He never told me that he is going to kill her.

I wanted to ask. in Pakistan or in Pakistani culture, if a daughter does not listen to her parents or keeps relationship, ;s she punished?

Yes, she is punished.

What kind of punishment does she get?

Either they kill the girl...

Either they kill the girl or what?

Or turn her out of the house.

What happened to your girl, do you think this was a punishment?

To the girl?

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Officer REHAN:

ANWAR JAN:

Officer REHAN:

ANWAR JAN:

Officer REHAN:

ANWAR JAN:

Officer REHAN:

ANWAR JAN:

Officer REHAN:

ANWAR JAN:

Officer REHAN:

ANWAR JAN:

Officer REHAN:

ANWAR JAN:

Officer REHAN:

ANWAR JAN:

Officer REHAN:

ANWAR JAN:

To the girl.

Why did she not listen to him, replied him back. He killed her.

Whatever your husband Muhammad has done, are you okay with it? Whatever was to happen has happened?

I don't know. He is gone now. They have taken him.

As a mother, what are your views? What are your thoughts?

I cannot say anything. Whatever he thinks, he knows about it

If Aqsa was in Pakistan, Muhammad would have killed her there?

He would have killed her there too, whatever she has done here ...

Does this often happen in Pakistan?

Over there murders take place because of girls. Men kill them.

Is it common that they kill the girls?

Yes. Either they kill the boy or the girl.

Either they kill the boy or the girl?

Yes.

Now I just want to explain to you that Aqsa is in hospital at this time. They have kept her on life support. Do you know what life support is?

No.

Only her heart is functioning.

Oh God ... you are merciful ...

Anwar Jan's statement to police was video and audio recorded. During certain periods of time she was left alone in the interview room. During that time she was seen and heard to be visibly distraught and talking aloud to herself. Her remarks to herself include the following:

"Oh God ... oh god oh god ... what should I do? I should die .... Oh God ... Oh God ..

What should I do You made my life into hell. Oh my Aqsa, you should have listened.

Everyone tried to make you understand. Everyone begged you, but you did not listen ... Oh Aqsa ... Oh Aqsa ... 1 should die. Oh brothers, finish this. You have closed the door. My heart is sinking. Oh God ... Oh God ... Oh God ... You've made me sit here and left ...

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My heart is sinking oh god .... You have made me sit here and gone. Oh God ... Oh God ... Finish it off now. My heart is sinking. You've made me sit here .... What should I do?

Oh God What should I do ... Oh brothers finish it. You've made me sit here. I am going to die. Aqsa, Aqsa, My daughter is dead. Everyone tried to explain to you. This would not have happened if you would have listened. Oh my Aqsa. She is dead.

My young daughter is dead. Killed my youngest daughter. Oh my Aqsa. My young daughter has been strangled ....

Oh God ... oh God Oh Aqsa. You did not listen - you died. You have made my life hell. ..

Oh Aqsa .. .finish it ... finish it .... made me sit here ... oh oh .... what willi do? Oh what

should I do? Finish it brothers. Finish it. Oh my mother oh God ... Oh God ... Oh

God ... broken legs and arms ..• said will break legs and arms - has killed her straight away. What should I do? ....

Police interviewed all the family members.

Aqsa's sister Shasma Parvez told police she heard nothing until her father came to her basement bedroom, the bedroom she shared with her sister Irim, and their father directed them both to go upstairs. On the way upstairs Shasma passed Aqsa's bedroom and saw Aqsa lying on her bed with her clothes on. Upstairs, Shasma says her father told them he had killed Aqsa. Shasma maintained that her brother Waqas was not at home and was working at the time. When asked about how she felt about what had happened, Shasma shared the following opinion with the police:

• She indicated that what Aqsa was doing by running away was against their religion and made her dad and brother mad. Aqsa was disrespecting their father and their religion.

• When asked if it would be all right if the same thing had been done to her, she said yes, if she had done something wrong.

• Who ever did this to her sister should not go to jail.

Aqsa's sister Irim Parvez was interviewed by police. Irim indicated that she was in the basement bedroom she shared with Shasma located only 7-10 few feet away from Aqsa's bedroom. him maintained that she was sleeping in her basement bedroom with her sister Shasma when the offence took place and like her sister Shasma, she heard nothing until her father woke them both up. Her father woke them up and directed her and Shasma to go upstairs. On the way upstairs him said she looked into Aqsa bedroom and saw Aqsa legs hanging off her bed. Upstairs Mr. Parvez knocked on all three of his son's bedroom doors and summoned his sons Muhammad and Atishan and their wives, as well as Waqas's wife. Mr. Parvez proceeded to use his hands to demonstrate how he had killed Aqsa. Following this family meeting upstairs him indicated that her father called the police. Irim also told police her brother Waqas was at work at the time of the offence and she had no idea who brought Aqsa home.

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Aqsa's older brother Atishan Parvez told police he was upstairs in his bedroom with his wife Wajiha and their one-month-old child. He told police he was awoken by a knock on his bedroom door. He went to his bedroom door and found his father, who told him he killed Aqsa. Prior to the knock he had not heard any noise or arguing. Once he exited his bedroom Atishan could hear his mother crying downstairs and proceeded to go downstairs. He went downstairs and had to walk through Aqsa's bedroom to get to his parents bedroom, and it was at that time that he saw Aqsa lying on her bed with a towel covering her face. He located his hysterical mother in her bedroom with his father. His father told him he "killed her." Shortly thereafter his brotherMuhammad Shan came downstairs and he heard his father call police. Atishan maintained that his brother Waqas was at work at the time and that he called Waqas just after 8:00 a.m. to tell him what happened and to come home. Atishan maintained he did not know how his sister got home that morning. When asked about how he felt about what had happened, Atishan expressed the opinion that his sister did not deserve to die but ifit was his daughter he might have broken her legs.

Atishan's wife, Wajiha Akhtar, told police that her father in law knocked at their bedroom door and told her husband that he had killed Aqsa. Her husband went downstairs and she remained upstairs with her newborn child.

Aqsa's eldest brother Muhammad Shan Parvez told police he was in his upstairs bedroom with his wife Shazia Shan and their infant child when he heard a knock on his bedroom door. He also heard crying and went downstairs. Prior to the knock at his bedroom door, Muhammad Shan denied hearing any noises or arguing. He saw his father downstairs and his father told him that he hurt Aqsa. His father instructed Muhammad Shan to go be with his mother. On his way downstairs to his parent's basement bedroom he saw his sisters Irim and Shasma coming upstairs and they were crying. In order to get to his parents basement bedroom he had to walk through Aqsa's bedroom. When he did so, he saw Aqsa lying on herbed with a towel covering her face. His father told him not to touch her and not to go back into Aqsa's room. His mother told him that his father killed Aqsa. Muhammad Shan said he heard his father call police but did not know how Aqsa died. He maintained that Waqas was not home and was working. He also indicated he did not know how Aqsa got home that morning.

Muhammad Shan's wife, Shazia Shan, told police she heard a knock at their upstairs bedroom door and did not leave her room until police attended. She heard no arguing, had no idea how Aqsa got home and believed her brother-in-law Waqas was at work. She remained upstairs with her child until the police arrived.

Uzma Tabassum, married to Waqas Parvez, told police that her husband was not home and she had no knowledge as to what happened and was in her room until police knocked at her door.

Waqas Parvez was interviewed by police on December 10, 2007. He maintained he had not seen Aqsasince the week before and that he was working as a tow truck driver and only returned home that morning after receiving a call from his brother Atishan

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telling him to come home because something happened to Aqsa. Waqas also maintained that he was sleeping in his tow truck in a parking lot near Square One at the time the murder took place. Later the same day he was charged with Obstructing Police after police gathered evidence from witnesses indicating that Waqas had picked up Aqsa from the bus stop earlier that morning before the homicide.

FOLLOW UP INVESTIGATION

On December 10, 2007 Mr. Mohamed Parvez was charged with murder. After the homicide a witness came forward, Steve Warda and the investigation continued. Mr. Warda advised police that he worked with Waqas Parvez as a tow truck driver at the time of the murder. He told police that 2-3 days before Ag_sa was mmdered that Waqas Parvez

"-_, ----- -----

had a roached him to see' r. Warda could get him a gun. Waqas explained to Mr.

c ~'!.. that e mtende ill his sister and his father was going to take the .-.---Waqas ex lained to Mr. Warda that his sister was causin e fam!Jy em._~~_~·~iUentand

.lie had to.do.i Waqas also as .happenajosomeone in Cana<i,a,ifthey

~_Mr~ Warda explained to Waqas that there were lot_s.~fways for the police to find out and recommended that he talk to his sister and work things out.

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Mr. Warda subsequently agreed to have his meeting with Waqas Parvez recorded by police and police obtained a warrant to intercept their conversations. Three meetings were audio and video recorded by police, unbeknownst to Waqas Parvez, on June 5, 10 and 23, 2008. During one of the meetings Waqas told his friend Mr. Warda that the guilt was killing him, that he couldn't get his sister's image out of his head. He admitted choking her until she died and said that there was no evidence against him. He said only he and his dad were involved in the murder but his family knew what was going on. Waqas also explained how what happened was partly Aqsa's own fault because he had tried twice to talk to her and he even offered to get her own apartment and pay for it so she didn't have to work and she rejected his offers. Following these intercepted conversations Waqas was charged with murder on June 26, 2008.

Waqas Parvez's other co-workers were also interviewed. They advise that in the two weeks prior to Aqsa's murder, Waqas was not acting like himself. He spoke of his sister leaving home, complained about the way she was acting and the stress she was causing his family. Waqas explained that they were thinking' of sending her back to Pakistan. His co-workers also observed Waqas leave work and he told them he was going to check up on his sister's whereabouts during school hours. One of his co-workers indicated that Waqas appeared afraid of his father, that he had to do what ever his father wanted and that his father controlled everyone in the house. Co-workers also observed Waqas receive calls from his dad and then leave work. Waqas confided in his co-workers that his father was very strict and would not approve of his earring or drinking alcohol and that Waqas concealed this behavior from his father. Waqas also told a co-worker that his father would not let him divorce his wife and that he wanted to send his wife back to

12

Pakistan and marry a woman he liked who lived in Canada. After Aqsa's murder Waqas's wife returned to Pakistan and has never returned to Canada.

As part of the continued investigation police also obtained a warrant for cell phone records. The cell records of both accused show that they communicated prior to the murder at 1 :22 a.m., twice at I :46 am and once at 1:47 a.m. on December 10, 2007.

Waqas Parvezs cell records also show that in the early morning hours of December 10, 2007 he had multiple telephone conversations with the woman who lived in Canada that he wanted to marry. The last telephone conversation Waqas had prior to the murder with this young lady was at 4:47 a.m. This woman was subsequently interviewed by police. She advised that during the last conversation she had with Waqas he told her he had to hang up because he was at home and his father wanted to speak with him. She tried calling him repeatedly between 6-7:30 a.m. but he did not answer his cell phone.

Subsequent investigation also included DNA analysis. The results show that Aqsa's father had her blood on his hands when he was arrested. DNA results also prove that Waqas Parvezs DNA was under Aqsa's right hand fingernails.

13

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