Pynn-Butler trial: Jury sent for deliberations
The jury in a high-profile second-degree murder trial in St. John's has begun deliberations to decide whether Philip Pynn and Lyndon Butler are innocent or guilty.
The eight women and four men have more than enough to think about — 42 witnesses took the stand over the course of six weeks, and numerous exhibits were entered into evidence.
Adams explained to the jury why the case is a murder trial.
He said the Crown stated that Pynn, Lyndon and Nick Winsor took a shotgun to rob Tom "Billy" Power, and intended to kill him, or cause him harm that would likely kill him.
Adams added the Crown said because they intended to rob Power, and intended to kill him, Winsor's shooting during the commission of the crime would be considered murder.
Justice Adams told the jury several times to look at all the evidence before coming to any conclusion on guilt or innocence.
He also gave jurors a special warning dealing with the credibility of witnesses, and to proceed with caution when considering the testimony of Jonathan Rowe, who is charged with accessory after the fact in the same case — and Power, the Crown's key witness.
Power not credible, defence says
But as defence lawyers Mark Gruchy and Jeff Brace indicated, the only witness who would attest to what happened in the garage on Portugal Cove Road where Winsor was shot dead was Power.
The problem with the sole witness, the defence said, is that Power is not credible and has a reason to lie.
Power testified that Pynn knocked on his back door around 10:30 p.m. in July 2011.
He walked willingly, Power said, with Pynn and two other men to his garage.
Once inside, Power said one man, who he identified as Butler, began smacking him over the head with a steel pipe. He said Pynn grabbed a shotgun that was shoved down Winsor's pants and pointed it towards him.
A struggle then ensued over control of the gun, and a single shot was fired, hitting Winsor in the neck, killing him.
Neither the shotgun or steel pipe has ever been recovered.
Brace, who represents Butler, has a different theory as to how Winsor was fatally shot. He said it was Power who pulled the trigger.
According to Brace, the police arrested the wrong man.
"There is no fingerprint, no hair, no DNA, no clothing fibres, no footprints that ever connect in anyway this man to the scene on Portugal Cove Road."
Gruchy, who is defending Pynn, also told the jury that there is not enough evidence for a conviction, adding that they should not have to rely on Power for the sole account of what happened inside the garage.
Follow the live blog below as CBC reporter Ariana Kelland tweets from Supreme Court.
With files from Glenn Payette and Ariana Kelland