Victim's memory questioned as judge reserves decision in violent home invasion
Blair Rhodes | CBC News | Posted: February 9, 2017 1:43 PM | Last Updated: February 9, 2017
Defence points out inconsistencies in victim's story as trial wraps up for Markel Jason Downey
The lawyer for a Halifax-area man facing three charges of attempted murder in a violent home invasion questioned the reliability Thursday of a victim who was paralyzed in the incident.
In his closing arguments, defence lawyer Pat MacEwen told the Nova Scotia Supreme Court that inconsistences in Ashley MacLean Kearse's recollection of the incident call her evidence into question.
Justice Michael Wood has reserved his decision until Feb. 14 in the case of Markel Jason Downey, who faces 28 charges in all.
Kearse was paralyzed from the chest down after four people wearing disguises burst into a Cole Harbour home in November 2014, one carrying a handgun. As many as nine gunshots were fired.
Kearse was the only witness to testify at Downey's trial who identified him as the gunman.
Victim's evidence called into question
MacEwen told the court Kearse's evidence was a series of assertions without corroboration.
He pointed out that the first two times Kearse was questioned by police that night, she denied knowing who shot her. MacEwen said by the time she identified Downey, her evidence could have been tainted by talking to others about the case.
Crown prosecutor James Giacomantonio said inconsistencies are to be expected.
"It's real human beings recalling what they saw previous," he said outside court. "And sometimes there's inconsistencies."
Inconsistencies in identification
Those inconsistencies included Kearse saying the gunman was dressed all in red when other witnesses said all the suspects wore black.
Giacomantonio insisted in his closing argument that Kearse recognized Downey that night because they used to be neighbours and ran into one another at high school a lot.
He said just because Kearse couldn't articulate her reasons well did not mean she couldn't identify Downey behind a disguise.
Giacomantonio suggested a possible motive for the shooting was that Downey realized he'd been recognized and wanted to silence any witness who could identify him.
Judge reserves decision
Three young men have already pleaded guilty to lesser charges in the home invasion and have been dealt with in youth court. Because of their ages, their identities are protected by law.
Downey was the only suspect old enough to face an adult trial.
The CBC's Blair Rhodes live blogged from court.