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Pynn-Butler trial: RNC investigator hammered over alleged deals

Sgt. Tom Warren flatly denies an allegation by the defence that he made a deal with the Crown's key witness in its case against two men accused of the second-degree murder of Nick Winsor.
Sgt. Tom Warren waits for the jury to arrive before beginning his second day of testimony at Supreme Court in St. John's. (CBC)

RNC Sgt. Tom Warren flatly denies an allegation by the defence that he made a deal with the Crown's key witness in its case against two men accused of the second-degree murder of Nick Winsor. 

Philip Pynn and Lyndon Butler are on trial for the July 2011 shooting death of Winsor, 20, and the attempted murder of Tom "Billy" Power, who owned the home on Portugal Cove Road in St. John's where the killing took place. 

Warren, who investigated Winsor's homicide, batted off the defence's accusations during cross-examination Wednesday afternoon at Supreme Court. 

Defence lawyers Jeff Brace and Mark Gruchy both questioned why Power was allowed to give police a witness statement, instead of a cautioned statement, during an interview on Sept. 5 of this year. 

Power, the court was told earlier in the trial, admitted that he hid marijuana in his stepdaughter Megan Reddigan's bag to remove it from his house before the police arrived.

The revelation came after three years of Power denying that anything was in the bags, other than Reddigan's clothes.

But because Power admitted this to police through a witness statement, it may not be admissible in court. 

Both Gruchy and Brace suggested that Power had struck a deal with the police, in which Power wouldn't be facing criminal charges if he gave information on the case.

However, Warren said no deals were ever made.

He said that Power was allowed to give a witness statement because the confession came just weeks before the onset of the murder trial.

Pynn's arrest

A deal that Warren does acknowledge making was to Pynn's lawyer at the time, Averill Baker. But it was one that was broken.

On July 11 — two days after Winsor was fatally shot in the throat — Warren testified he called Pynn's former lawyers, including Baker in an attempt to locate the wanted man. 

After informing Baker that a warrant had been issued for his arrest, Warren said Baker told him that Pynn would turn himself in to police at 4:00 p.m. that night.

Despite that deal, the arrest did not go as planned.

Members of the Royal Newfoundland Constabulary's tactical unit made an unexpected arrest outside Baker's King's Bridge Road apartment, after Pynn had walked down the driveway. 

Warren could not say why Pynn was not allowed to go willingly to RNC headquarters. 

Trial wrapping up

Warren was the last witness to testify in the high-profile trial.

Gruchy, who represents Pynn, decided not to call any witnesses after discussing the matter with his client.

Butler's lawyer Jeff Brace also indicated he would not be calling any witnesses.

The jury, made up of eight women and four men, will return to court on Monday to hear the lawyer's final summations.

After that, Justice James Adams will instruct the jury before deliberations begin. 

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