Lawyers make final arguments at murder trial of Nunavut man in St. John's

The almost month-long jury trial of a Nunavut man accused of killing another Nunavut man in Conception Bay North is one step closer to a conclusion, after lawyers for both the Crown and the defence made their final arguments in court Thursday.

Patrick Sulurayok, 34, is accused of killing Bernard Otuk on June 22, 2021.

Both men had just finished a 30-day stint working on a Baffin Fisheries vessel that was tied up in Bay Roberts at the time. Both men are from the Nunavut community of Arviat, on the western side of Hudson Bay.

They were staying in a rented cabin on Roaches Line, allegedly drinking alcohol and using cocaine, when a fight broke out.

Police arrived at the cabin and found 26-year-old Otuk unconscious. He was brought to a hospital in Carbonear where he was pronounced dead.

Sulurayok was later charged with second-degree murder.

Crown's submission

Crown prosecutor Tim O'Brien said in his final submission that the jury must find Sulurayok guilty of second-degree murder.

Earlier in the trial the jury heard that at the cabin where the crew members had gathered to watch hockey, Otuk became intoxicated and angry.

A witness testified that he was upset about his grandmother's recent death and some alleged mistreatment by others of his ex-girlfriend.

The Crown said Otuk was aggressive toward Sulurayok at the cabin, and that Otuk initiated all three physical struggles with Sulurayok.

But O'Brien also argued that Sulurayok grew angry and responded disproportionately, using force that ended Otuk's life.

The Crown said Sulurayok held Otuk in a choke hold for as long as four minutes after he lost consciousness and did that intending to cause his death.

In a dramatic demonstration to illustrate just how long that is, O'Brien asked the court to remain silent for five minutes. During this period, Otuk's mother, sitting in the court's public gallery, wept out loud and gasped.

When the Crown spoke again he said, "Otuk was not a threat to Patrick's life but Patrick was angry. He applied pressure for too long to calm Bernard. He knew what he was doing and didn't care. He [Sulurayok] was not acting in self defence, we ask that you find him guilty of second-degree murder," O'Brien said to the jury.

Defence's arguments

Defence lawyer Bob Buckingham submitted that the Crown's account of what happened is "a fiction" that is not supported by the evidence the jury heard in court.

He said testimony by witnesses who were in the cabin when the men tangled does not support that Sulurayok was angry, that he held Otuk in a choke hold for minutes after he lost consciousness, or that he intended to end Otuk's life.

"There is no evidence that Patrick Sulurayok committed any crime," said Buckingham.

Instead, he argued that no evidence suggested any history of animosity between Sulurayok and Otuk.

"The Crown's supposition is that Patrick Sulurayok was getting angry but all he ever did was try to calm his friend Otuk down, "said Buckingham.

"The Crown is asking you to conclude he was annoyed and angry but there is no evidence of that."

The only person who was in the room when Otuk lost consciousness testified in court that the third and final struggle between the men "happened quickly and was over quickly," according to Buckingham.

Buckingham said three times Otuk was the aggressor and when he attacked, Patrick tried to help him, not harm him.

"He [Sulurayok] didn't push him, he didn't punch him. Patrick Sulurayok showed care. Patrick Sulurayok showed kindness. He showed concern and compassion. When Otuk stopped struggling, he tried to help. He provided CPR and pleaded with him to come back."

Buckingham called on the jury to "reject the claims that Patrick Sulurayok murdered Bernard Otuk and acquit. I ask you to return a verdict of not guilty."

Justice Peter Browne is the presiding judge for the trial, which began on January 21.

Download our free CBC News app to sign up for push alerts for CBC Newfoundland and Labrador. Sign up for our daily headlines newsletter here. Click here to visit our landing page.