Craig Landry has been sentenced to two years’ probation for his involvement in the death of Cape Breton fisherman Philip Boudreau.
Landry was previously charged with second-degree murder but that charge was withdrawn. He pleaded guilty to accessory after the fact in July.
Landry was sentenced in Port Hawkesbury provincial court on Friday. He told the court he was sorry for his involvement in Boudreau’s death and that he is haunted by the incident to this day.
“My client, being the deckhand, stood back and did nothing and watched what happened,” said defence lawyer Joel Pink. “He couldn’t swim, couldn’t jump overboard. The bottom line is, he was in the wrong place at the wrong time.”
Boudreau, 43, was last seen by his brother near the Petit de Grat wharf on June 1, 2013. His body has never been found.
The court heard that Boudreau took his speedboat out on the water that morning and it was found overturned without its motor by a local fisherman about an hour later.
The Crown said his death was the result of a sustained attack by a three-man lobster fishing crew who suspected Boudreau was tampering with their traps.
The court heard that Boudreau's boat was rammed three times at the mouth of Petit de Grat harbour by the Twin Maggies and that he was shot in the leg.
Boudreau's boat overturned after it was rammed the third time and he was then hooked with a gaff and dragged out to sea, the court heard.
The Crown said its case would have been weak without Landry’s statements.
“As a result of that statement he then did a reenactment on the waters of Petit de Grat, and further, he helped police try and find the body of Mr. Boudreau,” Pink said.
The Crown and defence presented a joint recommendation of two years’ probation.
“The Crown researches the matter very thoroughly and considered all the factual underpinnings to the charge, and the charge itself,” said Crown prosecutor Herman Felderhof. “We felt it was the appropriate disposition and recommended that to the bench.”
Landry must stay at home for the first six months of his sentence.
His cousin, Joseph James Landry, was convicted in November of manslaughter in Boudreau’s death.
He was found guilty of shooting Phillip Boudreau in the leg, ramming his boat three times and hooking him with a fishing gaff before dumping his body at sea.
Joseph Landry was sentenced to 14 years in prison, minus 2 1/2 years credit for time served in custody awaiting trial. However, he is appealing his sentence.
Dwayne Samson, Joseph Landry’s son-in-law and captain of the Twin Maggies, pleaded guilty to manslaughter in May. A sentencing hearing for Samson will be held over two days beginning on September 21.
Samson’s wife, Carla Samson, had been charged with being an accessory after the fact, but the charge was later dismissed.
With files from The Canadian Press and CTV Atlantic's Kyle Moore
