Testimony has concluded at the Amber Kirwan murder trial, with the father of the accused being called as the final witness.
Christopher Alexander Falconer, 31, is charged with first-degree murder in Kirwan’s death. She disappeared in the early morning hours of Oct. 9, 2011 after spending a night drinking and dancing with friends in New Glasgow.
The 19-year-old was last seen leaving Dooly’s pool hall and bar around 1:45 a.m. and heading for Big Al’s, a convenience store located just up the street.
Kirwan’s boyfriend, Mason Campbell, previously testified that Kirwan was supposed to meet him at Big Al’s but she failed to show up.
Kirwan’s partly-decomposed body was found in a muddy, shallow grave off a logging road in Heathbell, N.S. on Nov. 5, 2011. She was found naked, her wrists bound with a sweater and towel.
The court heard that Kirwan fought back against her attacker, but she bled to death after being stabbed at least 10 times.
Falconer was charged in her death in May 2012. He has pleaded not guilty.
Over the course of the trial, court heard that Falconer’s father and stepsister live close to where Kirwan’s body was found in Heathbell.
Police searched a property on Hardwood Hill Road for six days in November 2011, after Kirwan’s body was found. Court heard that the property belongs to Alice Meier, Falconer’s stepsister, and that several items were seized from a camper on the property.
The Crown alleges Kirwan was held in the camper before she was murdered.
Some of the items seized from the camper included pieces of duct tape, hair found on a headboard, and pieces of cloth. They all tested positive for Kirwan’s DNA, court heard from a DNA expert.
The DNA expert also testified that a bloody tank top found in Falconer’s car tested positive for both Kirwan and Falconer’s DNA.
A textiles and fibre expert testified that the piece of cloth found in the camper matched the sweater found tied around Kirwan’s wrists.
The DNA expert testified that Falconer’s DNA was not found in the camper, however.
The Crown called 37 witnesses, including Kirwan’s parents, her boyfriend, and several experts who worked on the case, over 13 days of the trial. Falconer’s stepsister also took the stand, as well as three of his former girlfriends.
Alice Meier testified that she was not home the night Kirwan disappeared. She told the court she was spending the night with friends at a cottage on Caribou Island.
Meier said she texted Falconer the morning of Oct. 9 and that he told her he had been at her home the night before and left some things in her camper.
Falconer’s former lover, Jerricka Ebrahim, also testified at the trial. She told the court she was supposed to be with Falconer the night Kirwan disappeared but he failed to show up at her apartment in New Glasgow.
She testified that he sent her a text message shortly after 5 a.m. on Oct. 9, 2011, apologizing for making her wait and saying that “something came up.” He told her he was at his father’s home, court heard.
Ebrahim also testified that Falconer asked her to lie to police if they asked about him, but he didn’t tell her why.
The defence highlighted inconsistencies in her testimony, saying some of it differed from what she told police in November 2011. Defence lawyer Mike Taylor also pointed out that Ebrahim was drunk the night of Oct. 8, 2011 and couldn’t remember some details, including who drove her to the bar that night.
The defence called only one witness to the stand during the trial. Scott Falconer, the father of the accused, testified in court on Thursday.
Earlier this week, court heard the recordings of two phone calls Falconer made to his father and stepmother fromthe Burnside Correctional Facility on Nov. 16 and Nov. 17, 2011.
Falconer was admitted to the facility on Nov. 10, 2011 after being picked up for a parole violation.
The recordings were difficult to hear at times but Falconer was heard telling his father that things didn’t “look very good.” He told Scott Falconer he was considering pleading guilty to save his family the stress of a trial.
Scott Falconer told his son not to “give up” and not to plead guilty if he didn’t commit the crime.
On Thursday, Scott Falconer told the court that his son sounded “down and out” and like he was giving up during the call.
He testified that he told Falconer not to plead guilty if he didn’t do it, and that his son said he would “hang in there.”
During cross-examination, the Crown asked Scott Falconer if his son ever said he didn’t do it during the phone conversation. Scott Falconer said he hadn’t.
“The questions that I asked…that’s what the jury wanted to know. The jury wanted to know, is there a denial?” said Crown attorney Bill Gorman.
During the trial, no murder weapon or motive was introduced. The murder scene was also not determined.
Taylor said there are unanswered questions for the jury to consider before reaching a verdict.
“It’s been a bit of a long road for sure and I know it’s going to a be a difficult task for the jury because there are pieces of evidence that have raised, I think, more questions than have provided answers,” said Taylor.
Despite some graphic testimony, Kirwan’s parents and their supporters attended the trial every day.
Closing arguments from the Crown and defence will be heard Friday. Judge Nick Scaravelli will give his final instructions to the jury Monday.
With files from CTV Atlantic's Dan MacIntosh
