Manners death an accident: defence lawyer

Defence lawyers have started their closing arguments in the trial of two men accused of killing Toronto schoolboy Jordan Manners.

Manners was fatally shot at a stairwell at  C.W. Jefferys Collegiate in May 2007. He was 15.

The two men accused of his shooting were under 18 at the time and therefore cannot be named under the Youth Criminal Justice Act. They are both now 21 years old and can only be identified as J.W. and C.D.

This is the second trial for the two, who have pleaded not guilty to first-degree murder. A mistrial was declared in March 2010.

James Silver, the lawyer for C.D., characterized the shooting on Monday as a "tragic accident."

He told Ontario Superior Court the shooting wasn't a murder. Rather, he said, Manners had an interest in firearms, went to look at one in the bathroom and was fatally injured.

If jurors aren't sure that C.D. was involved, they should acquit him, Silver said.

Silver reminded the jury a key witness recanted a statement  she gave to police at the time of the shooting in which she said she saw  Manners being dragged down a stairwell and robbed by his client.

The witness, Y.M., has recanted her statements in both trials. In the first trial she said she was repeating what she had heard from other students. In the current trial she has said she was trying to make herself the centre of attention at home.