Cikovic family angry over bail release

TORONTO - Vesna Cikovic said the justice system “betrayed” her family, when the man convicted of manslaughter in her 17-year-old son’s murder was set free on bail while awaiting his appeal.
Nahor Araya, 21, was convicted of manslaughter – but acquitted of second-degree murder – of Boris Cikovic last month and sentenced to eight years in prison on Dec. 8. However, a favourable ruling by an Ontario Court of Appeal judge, Thursday, set the Humber College student free on bail again.
“It’s just another slap across the face,” said Cikovic, 47. “For three years, we’ve been waiting for this trial to finish and he is guilty now. I don’t know how it’s possible how he got bail just after eight days.”
On Oct. 3, 2008, Boris Cikovic was socializing with at least 10 of his friends at Buttonwood Park in the Scarlett Rd. and Eglinton Ave. W. area when they were robbed and assaulted by four men at gunpoint.
Cikovic went after the assailant and was shot in the abdomen and died.
Justice John McMahon immediately revoked Araya’s bail before sentencing him, but Ontario Court of Appeal Justice Robert Armstrong ruled Thursday “the grounds of appeal are serious.”
In his decision, Armstrong proclaimed his innocence at trial and led alibi evidence.
“It is conceded that the applicant was not the shooter,” Armstrong wrote. “There is no finding that he had a gun.”
Justice Armstrong also took into consideration Araya had no criminal record and he is “one year short of graduating in general arts and science” at Humber College and professors, friends and family members said the criminal act he was convicted of “is out of character for him.”
Araya’s new lawyer Michael Lacy said, Thursday, the judge deemed there’s no risk of further offences and his client will surrender before the hearing of the appeal.
“Then it’s appropriate to allow that person to be released pending their appeal,” Lacy said, adding the appeal could be heard sometime in 2012. “The judge was persuaded when we made the argument on the bail application that the appeal raises serious legal issues. I appreciate that the family of the victim is upset, they were upset my client was released pending trial.”
Araya’s bail conditions calls for strict house arrest.
New defence and crown lawyers, as well as a new judge, had a role to play in the bail decision, Cikovic said.
“His lawyer was very energetic and did a good job,” she said. “The crown’s new lawyer, (Gavin) MacDonald was completely unprepared. Our former crown attorney worked really hard on this case. I feel completely betrayed and humiliated. I told my son’s friends we’d see partial justice and nothing.”
Cikovic and her husband Davorin came to Canada with their baby Boris from war-torn Sarajevo 17 years ago. The parents have kept a shrine in his room, containing hockey trophies, memorial posters, photos and flowers.
“I simply placed his urn back in Sarajevo 16 years later,” Cikovic said. “(Araya) is a very dangerous young man. Four of them are out there. He never said who was with him that night. He made fools of people.”