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Pynn-Butler trial: Jonathan Rowe flip-flops on testimony

A key Crown witness in the second-degree murder trial of Philip Pynn and Lyndon Butler has made it clear that he doesn't want to be a rat.

Jury trial postponed until Thursday

Jonathan Rowe appeared in Supreme Court for the Pynn-Butler trial on Tuesday. (CBC)

Jonathan Rowe doesn't want to be a rat. He made that clear during his testimony at the second-degree murder trial for Philip Pynn and Lyndon Butler. 

Rowe, who is charged with accessory after the fact in the same case, contradicted himself in St. John's Supreme Court Tuesday, changing his version of events during cross-examination. 

"Does the oath mean anything to you, Mr. Rowe?" Pynn's lawyer, Mark Gruchy, asked.

"Yes," Rowe said. 

During this testimony, Rowe said that Pynn told him the day after Nick Winsor's shooting death that it was Winsor who brought the gun that killed him.

However, Gruchy pointed out that during the preliminary inquiry, Rowe said to his knowledge it was Tom "Billy" Power who had the gun.  

Power owns the home on Portugal Cove Road where Winsor was shot and killed on July 9, 2011. Pynn and Butler are accused of second-degree murder in his death, and of attempted murder against Power. 

"So you didn't want to rat out Billy?" Gruchy asked. 

I don't see how he's charged. I guess the police don't like him.- Jonathan Rowe

"No," Rowe said, adding that he did not want Pynn or Power to go to jail for something they did not do. 

"I seen Nick with the gun. It just didn't make sense that [Pynn] was charged with murder," Rowe said. 

"I don't see how he's charged. I guess the police don't like him."

Rowe did not give a straight answer as to why his testimony was contradictory. But Rowe said he has seen stories on the case in the media, and added that he has also spoken to people who have testified already at the trial, including jeweller Roger Pye. 

Gruchy suggested that Rowe put the blame on Winsor because he couldn't rat out someone who was dead.

Shotgun

Rowe also testified Tuesday morning that he saw Winsor with a shotgun the day he was killed. Rowe said Winsor told him the gun was "jammed" and did not work. 

However, during cross-examination he said he didn't know what day he saw Winsor. 

"Are you even sure what day this was that you said you saw this?" Gruchy asked.  "No, not really," Rowe responded. 

Still, Rowe said he was telling the truth on the stand, "If you are trying to insinuate I lied on the stand, you are wrong."

Under pressure

Rowe admitted he was under pressure by the police, and even went so far as to say that police officers tried to "trick" him into saying things during his initial police questioning in April 2012. 

Philip Pynn waits for his second-degree murder trial to resume Tuesday at Supreme Court. (CBC)

Rowe said he tried to tell the police the truth about what he knew in relation to Winsor's death, but said he eventually said whatever he could to leave the police station.

He alleged that the police only wanted to hear that Pynn did something wrong.

"They put me on the defensive right away," Rowe said.

During re-direct by Crown prosecutor David Bright, Rowe said the interview with police was voluntary and he could have left at any point. 

Rowe also changed his story about what he saw after Winsor's death. He originally stated to the jury that Pynn had blood on his face, but during Gruchy's questioning he said it may not have been blood at all, rather it could have been Pynn's facial tattoo.

The witness made no mention of co-accused Lyndon Butler. 

Rowe's accessory after the fact trial is scheduled to begin in November. 

Trial postponed for a day

Meanwhile, the trial has been postponed by one day.

Justice James Adams told the 12-person jury, following a half-hour delay Wednesday morning, that a matter had arisen that the lawyers needed to deal with before the trial proceeds. 

Adams told the jury to come back to Supreme Court on Thursday morning when the trial is expected to resume. 

Allyson Hatcher, who is also charged as an accessory, is expected to take the stand. 

Follow our live blog for updates from the courtroom. 

ABOUT THE AUTHOR

Ariana Kelland

Investigative reporter

Ariana Kelland is a reporter with the CBC Newfoundland and Labrador bureau in St. John's. She is working as a member of CBC's Atlantic Investigative Unit. Email: ariana.kelland@cbc.ca