Toronto

Three men connected to a brazen 2014 robbery and shooting in a downtown Chinese restaurant had their murder charges dismissed by a judge Wednesday.

Clifton Vassel, Derek Oppong and Abdirisak Yusuf Ibrahim join two others — Marcus Gibson, 22, and Ceyon Carrington, 28, who were also arrested for Tariq Mohammed’s murder at the Garden Restaurant — in having their charges dropped.

A sixth man — Havard McKenzie, who was 24 at the time — still faces first-degree murder and armed robbery charges.

“I am of the view that there is some evidence upon which a jury, properly instructed, could find that Mr. McKenzie took time to consider his options before shooting Mr. Mohammed, therefore engaged in planning and deliberation,” Justice Rebecca Rutherford said in her judgment, released Wednesday. “That is an issue that must be left for the jury.”

A publication ban prohibits media from reporting on the evidence at the preliminary hearing.

On Nov. 16, 2014, police were called to the restaurant near Bay and Dundas Sts. for a shooting. Investigators said Mohammad was eating inside the restaurant with a friend around 4 a.m. when they were approached by a group of guys who allegedly attempted to steal a gold necklace. A fight broke out, numerous shots were fired and two women were struck by stray bullets.

Mohammed, 31, died at the scene.

In January 2015, Gibson and Carrington were arrested for first-degree murder charges but after spending five months behind bars both were acquitted when the Crown found there was no reasonable prospect of a conviction in the case.

However, the pair was murdered the following year in separate shootings stemming from a Regent Park gang feud between the Halal Gang and Sic Thugs.

Oppong still faces two counts of aggravated assault and one count of assault and forcible confinement, Vassel will stand trial on armed robbery, assault with a weapon and weapons dangerous. Ibrahim continues to face an armed robbery charge.

Oppong’s lawyer, Dirk Derstine, called Rutherford’s decision “legal clarity.”

“It’s a very significant development in the Crown’s case,” he said. “Most of the legal jeopardy, faced by the three accused, is now gone.”

“From my perspective, one of the things that was really important was there’s this thing about whether preliminary inquiries should be kept or not,” Derstine said. “There’s a lot of talk these things are a waste of time, but it’s a huge development in this case.”

The Ontario Ministry of the Attorney General’s office declined to comment Thursday.

“Given that the matters are still before the court, it would be inappropriate for the Ministry to provide any comment,” said spokesman Nadine Ricketts.

jyuen@postmedia.com