Crown calls final witnesses in case against first six inmates in Halifax jail attack
The Crown called its final witnesses Tuesday in the first of three trials involving Nova Scotia inmates accused of conspiring and attempting to murder a newly arrived prisoner.
Prosecutor Rick Woodburn said in court Tuesday that Justice Jamie Campbell has a responsibility to use video to track the key actions of the six defendants, from the victim's 7:20 p.m. arrival in the unit until he was led out with stabbing and beating wounds less than half an hour later.
The prosecution hasn't suggested any motive behind the Dec. 2, 2019, assault.
However, correctional officers have provided testimony suggesting that Brian James Marriott, who will be tried later this fall, and Jacob Lilly, one of the six now being tried, rounded up inmates for an attack after seeing the victim, Stephen Anderson, arrive at the Central Nova Scotia Correctional Facility in Dartmouth.
Woodburn said the video showed that within minutes, there was a gathering of inmates in an upper-level cell, and shortly afterwards they descended to the ground floor and hurried into Anderson's cell, as a wall of inmates formed to prevent correctional officers from intervening.
Defence lawyer Billy Sparks argued Tuesday that one of the accused, Colin Ladelpha, wasn't named specifically by the correctional officers who viewed the video during the first five days of the trial, so the judge should enter a directed verdict to dismiss the case against his client.
However, Woodburn said the judge himself should view the video, where Ladelpha can be seen entering Anderson's cell. He said the judge should also consider that DNA evidence showed Ladelpha's sock had Anderson's blood on it.
Campbell declined the defence lawyer's bid for an expedited verdict.
The first defendants facing trial are Ladelpha, Lilly, Kirk Carridice, Wesley Hardiman, Omar McIntosh and Matthew Lambert. They are facing charges of conspiring to commit murder, attempted murder, unlawful confinement, aggravated assault, assault with a weapon and obstructing a peace officer. Lilly also faces a charge of assaulting a guard.
Eight other inmates are facing the same charges in a trial set for later this fall, and a 15th inmate, Sophon Sek, is facing the same charges in a separate trial.
Earlier on Tuesday, the trial heard from a trauma doctor who said punctures in Anderson's upper body could have been fatal.
Dr. Michael Biddulph testified as the Crown's final witness, saying the wounds were life-threatening because they allowed air into the space between the lungs and chest wall, potentially putting pressure on vital organs.
"If left untreated ... this has an extremely high mortality rate, and people will die fairly quickly," Biddulph explained to the court.
The videos presented at trial don't show what happened inside the cell where the attack is alleged to have occurred. But DNA samples introduced as evidence link Anderson's blood to clothing worn by three of the accused.
The case is unusual in both its scope and location, as COVID-19 requirements caused it to be split up and held in an auditorium-style Halifax convention hall. Large screens in the makeshift courtroom have shown footage of the chaos inside the North 3 unit of the facility, which is also known as the Burnside jail.
Patrick Eagan, the defence lawyer for Omar McIntosh, gave his closing remarks Tuesday, saying that while there had been evidence from correctional officers that McIntosh was closing the door of Anderson's cell, it wasn't clear from the video what his intent was.
"I think there's a doubt as to what exactly his role is with that door (of Anderson's cell) .... Does he have the opportunity to formulate a desire to participate in this thing, or is there just an instinctive reaction to being with the group?" the lawyer asked.
Eagan argued that the attack was what prisoners call a "bouncing," where some inmates use violence or intimidation to evict an unwanted inmate from their unit, not a deliberate desire to murder.
"This was a message-giving as opposed to an attempt to kill," Eagan said.
The trial is expected to end Wednesday with closing arguments from the remaining defence lawyers and the Crown.
This report by The Canadian Press was first published Sept. 28, 2021.
CTVNews.ca Top Stories
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Maple Leafs fall to Bruins in Game 3, trail series 2-1
Brad Marchand scored twice, including the winner in the third period, and added an assist as the Boston Bruins downed the Toronto Maple Leafs 4-2 to take a 2-1 lead in their first-round playoff series Wednesday
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
New Indigenous loan guarantee program a 'really big deal,' Freeland says at Toronto conference
Canada's Deputy Prime Minister Chrystia Freeland was among the 1,700 delegates attending the two-day First Nations Major Projects Coalition (FNMPC) conference that concluded Tuesday in Toronto.
'Life was not fair to him': Daughter of N.B. man exonerated of murder remembers him as a kind soul
The daughter of a New Brunswick man recently exonerated from murder, is remembering her father as somebody who, despite a wrongful conviction, never became bitter or angry.