Defence at Chelsie Probert trial suggests witness was responsible for attack

A lawyer for the boy accused of murderingChelsieProbertsuggested in Halifax youth court on Tuesday that the Crown's main witness was responsible for the fatal attack.

The 20-year-old man testified on Monday that he witnessed the boy strike Probert in the side while holding a knife in one hand and a corkscrew in the other.

Probertwas 18 when she died after being attacked on the Farrell Street path in Dartmouth, N.S., on June 6, 2017.

The boy, now 17, has pleaded not guilty to second-degree murder. The case, now in its second week, is being heard by judge alone.

The witness can't be named because doing so could identify the accused, who was 16 at the time he was charged.

On Tuesday, defence lawyer Brandon Rolle suggested it was the witness himself who tried to rob Probert after seeing the accused was unable to pull off a robbery earlier in the evening.

Rollesaid when Probertbrushed the witness off, that bothered him and he attacked her with a tire reamer and knife.

"That is a false statement, sir," the witness replied to the barrage of accusations, a response he uttered dozens of times during his cross-examination.

'A boatload of crap'

The witness testified he was worried he was a suspect for robbery, murder and accessory after the fact, and was concerned he was going to be charged.

He saidhis first statement to police, givensix days afterProbert'sdeath,was "a boatload of crap," andhis second statement, given five days later, contained omissions.

The witness said his memory is clear today, and that the second statement he gave to police was the truth.

"You figured you better point the finger at [the accused] before he points the finger at me?" askedRolle.

"Well in a way, yeah," the witness replied.

The witness has no immunity deal with the Crown or police, but said he wishes he had one. He also mentions immunity in electronic messages sent to his father.

Drug, alcohol use

The witness admitted he is an avid marijuana user, drinks heavily, has abused pills and is a low-level drug dealer. He also told the court he has stolen from a friend,threatened someoneandwanted to buy a weapon.

The man told Rollehe asked his girlfriend at the time to hide two pairs of sneakers belonging to him and the accused because he knew they would be evidence. In a text to her, he used an expletive to express how lucky they were to be free, court heard.

But in messages to his own mother, the witness called his ex-girlfriend a "psychopath."

"She's not even worried she covered up a murder," he wrote."She's too worried about having fun."

Under a full day of cross-examination by Rolle, the witness admitted he lied multiple timesto his mother, fatherandpoliceabout what happened onJune 6, 2017.

"And to court?" asked Rolle.

"No, I did not, sir," the witness replied.

Witness testified Monday

He testified Monday that the youth threatened others on the path the night of the attack, but didn't harm them. The witnesssaid the boy and Proberthad a verbal exchange before the youth struck her, and that he ran away after the boy's initial blow.

With files from Elizabeth Chiu

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