Nova Scotia

Defence in Chelsie Probert murder finishes calling evidence

Lawyers for the teenager accused of killing Chelsie Probert have wrapped up their case, but not before asking the judge to consider evidence from a witness who couldn't be tracked down to testify.

Lawyers for the accused ask judge to consider audio recording from witness who can't be found

Chelsie Probert was found on a Dartmouth path in June 2017 and taken to hospital, where she later died from her injuries. (Facebook)

Lawyers for the teenager accused of killing Chelsie Probert wrapped up their case Wednesday, but not before asking the judge to consider evidence from a witness who was interviewed but couldn't be tracked down to testify at trial.

The witness had a conversation with a man who was on the path in north-end Dartmouth the same night in June 2017 when Probert was fatally stabbed.

That man was the Crown's key witness in the case and implicated the teenager who is charged with second-degree murder. 

Lawyers for the teen, however, have argued it was the man who committed the murder and not their client. The teen's identity is protected by a publication ban.

Private detective testifies

On Wednesday, the defence called a private detective to testify about his efforts to track down witnesses in the case.

The detective, David Worrell, found one witness on Spring Garden Road in Halifax and interviewed him in January of this year.

An audio recording of that interview was played in court. In it, the witness quotes the man on the path as saying, "I could stab somebody. I could stab a bitch."

The quote was made in a conversation that happened before Probert was killed. The witness also said during the interview that the man frequently carried weapons, including a short-bladed knife.

Crown objects to audio evidence

The defence has asked Judge Elizabeth Buckle to consider the audio recording as hearsay evidence.

The Crown has objected to using the audio evidence. Buckle must now decide whether to accept the recording as part of the defence's case and if so, what weight to give it.

When court resumes Thursday, the Crown will announce whether it will call additional evidence to rebut something the accused said when he started testifying in his own defence.

Something the teen said in his testimony last Friday prompted police to reopen their investigation. They provided new evidence to the lawyers on Sunday. The Crown is still trying to decide what to do with that new evidence.

ABOUT THE AUTHOR

Blair Rhodes

Reporter

Blair Rhodes has been a journalist for more than 40 years, the last 31 with CBC. His primary focus is on stories of crime and public safety. He can be reached at blair.rhodes@cbc.ca