Pynn-Butler trial: Crown, defence urge jury to use common sense
'Why would they bring a loaded shotgun?' prosecutor David Bright
The Crown made a last effort to convince a jury of Philip Pynn and Lyndon Butler's guilt while a defence lawyer chipped away at the key witness's credibility Monday at St. John's Supreme Court.
Butler and Pynn are charged with the 2011 second-degree murder of Nick Winsor, 20, and the attempted murder of Tom "Billy" Power who owned the home where Winsor was fatally shot.
It is alleged that Pynn, Butler and Winsor went to Power's Portugal Cove Road house to rob him.
Presumed innocent
However, Mark Gruchy, who's representing Pynn, said no evidence of an attempted robbery has been presented to the jury.
"We, the defence, do not have to prove anything. That is not our job."
He said that his client is presumed innocent.
Common sense
Of the 42 witnesses that took the stand for the Crown, only Power could attest to what happened in his garage on July 9, 2011.
The problem with that, Gruchy said, is that Power cannot be trusted. He added that it could have been Power who tried to shoot Pynn over a long-standing feud between them, but Winsor got in the way and was fatally shot.
"This issue could be resolved by common sense," Gruchy said.
The defence lawyer said Power's reasons as to why he left his house with a man he claims was Pynn were not clear.
"Is it common sense to leave your home with your door kickers and barricades?" Gruchy said Power left his house and took the men to his garage, which was one of the only areas on the property which wasn't under surveillance.
Gruchy also challenged the reasons why Power did not tell passersby that a shooting had happened.
"A shot has been discharged, a man lays dying. 'It's not important, don't call police," he said. "Why should anyone believe him?"
Gruchy said that there is no evidence of murder.
"A black hole is being filled by a lying man with an axe to grind," he said.
Case deficiencies
Gruchy listed off a number of problems he saw with the case, including the way in which evidence was handled. "We have a situation where the phones that were seized in this case ... wiped out," Gruchy said.
Philip Pynn is on trial for the murder of his best friend.- Mark Gruchy
"This case is ridden with problems," Gruchy said.
He added that only a small fraction of the samples taken from the crime scene were sent away for testing at the crime laboratory in Ottawa.
Gruchy said the cigarette which contained his client's DNA also contained DNA from another unknown person.
"Philip Pynn is on trial for the murder of his best friend, he said."
"Please use your common sense," Gruchy urged jurors. "You are the most important people in their world."
Crown's theory
"I don't say for a moment that Mr. Pynn intended to kill his friend," Crown prosecutor David Bright told the jury.
But because of the circumstances surrounding Winsor's death, Bright said, it is considered murder.
Bright said that Pynn, Winsor and Butler went to Power's home in the east end of St John's to rob him of a gold chain.
"Why would they bring a loaded shotgun?" Bright asked.
"The reason they did that was they intended to rob Mr. Power"
The gun was never recovered. Neither was the steel pipe that Butler is alleged to have assaulted Power with, leaving a gash that needed staples.
Bright urged the jury to use common sense when deliberating, adding that it doesn't make sense that Power would kill Winsor.
"It's not something he did himself," Bright said about Power's head injuries.
And while Power admitted he hated Pynn, Bright said those feelings were mutual, "Philip Pynn tried to rob and kill him."
'Silent witness'
Bright said much of Power's testimony can be corroborated by surveillance footage from the night of the shooting.
"I call it the silent witness," Bright said, "It has no bias."
On the video, Bright said, Pynn can be seen running from the garage with something in his hands, heading towards the end of Power's driveway.
Bright pointed to Butler's phone records as evidence of his role in the shooting of Winsor.
"We know that Mr. Butler's phone was used by Mr. Pynn to call Donna Pardy," Bright said.
The prosecutor also acknowledged that Power did not pick out Butler from a police photo lineup in the days following the shooting.
But Bright told the jury to compare Butler's mugshot photo, which was shown to Power in the lineup and the photo of Butler from when he was arrested.
"People change over time," Bright said.
Bright concluded his final arguments by thanking the eight women and four men who comprise the jury for listening.
"I do ask you to bring back verdicts of guilty."
Follow the live blog below as CBC reporter Ariana Kelland tweets from Supreme Court.