Defence in Chelsie Probert murder finishes calling evidence - Action News
Home WebMail Tuesday, November 26, 2024, 03:27 AM | Calgary | -14.8°C | Regions Advertise Login | Our platform is in maintenance mode. Some URLs may not be available. |
Nova Scotia

Defence in Chelsie Probert murder finishes calling evidence

Lawyers for the teenager accused of killing Chelsie Probert have wrapped up their case, but not before asking the judge to consider evidence from a witness who couldn't be tracked down to testify.

Lawyers for the accused ask judge to consider audio recording from witness who can't be found

Chelsie Probert was found on a Dartmouth path in June 2017 and taken to hospital, where she later died from her injuries. (Facebook)

Lawyers for the teenager accused of killing ChelsieProbertwrapped up their case Wednesday, but not beforeaskingthe judge to consider evidence from a witness who was interviewedbut couldn't be tracked down to testify at trial.

The witness had a conversation with a man who was on the path in north-end Dartmouth the same night in June 2017whenProbert was fatally stabbed.

That man was the Crown's key witnessin thecase and implicated the teenager who is charged with second-degree murder.

Lawyers for the teen, however, have argued it was the man whocommitted the murder and not their client. The teen's identity is protected by a publication ban.

Private detective testifies

On Wednesday, the defence called a private detective to testify about his efforts to track down witnesses in thecase.

The detective, DavidWorrell, found one witness on Spring Garden Road in Halifaxand interviewed him in January of this year.

An audio recording of thatinterview was played in court. In it, the witness quotes the man on the path as saying, "I could stab somebody. I could stab a bitch."

The quote was made in a conversation that happened before Probert was killed.Thewitness also said during the interview that the manfrequently carried weapons, including a short-bladed knife.

Crown objects to audio evidence

The defence hasasked Judge Elizabeth Buckle to consider theaudio recording as hearsay evidence.

The Crown has objected to using the audio evidence. Buckle must now decide whether to accept the recording as part of the defence's case and if so, what weight to give it.

When court resumesThursday, the Crown will announce whether it will call additional evidence to rebut something the accused said when he started testifying in his own defence.

Something the teen said in his testimony last Friday prompted police to reopen their investigation. They provided newevidence to the lawyers on Sunday. The Crown is still trying to decide what to do with that new evidence.