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Falconer’s father called to testify by defence at Amber Kirwan trial

PICTOU, N.S. -The father of the man accused of killing Amber Kirwan was the focus in court on Thursday.

Scott Falconer, 53, took the stand for 10 minutes as the defence’s only witness, but lawyers from both sides said his testimony helped their cases.

Defence lawyer Mike Taylor said he wanted the testimony to provide context to a conversation Scott had with his son Chris. In the conversation, which was wiretapped by police, Chris said he was considering pleading guilty to save his family stress.

Taylor said it was important for the jury to hear the younger Falconer’s state of mind.

“To add context to the conversation, to understand or at least try to understand where he is coming from, what his mood was, why he would make such a statement when we all know he didn’t go ahead and plead guilty. He pled not guilty,” he said.

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While on the stand, Scott said he was surprised to hear his son say he was considering pleading not guilty. He also said it sounded like his son was giving up.

Scott told the court he had told his son that the family would handle the stress.

Later in the conversation, Scott said Chris told him he wouldn’t plead guilty and would hang in there.

During the cross examination,  Scott told the Crown that Chris did not tell him he was not guilty.

He said he was upset that Chris was contemplating a guilty plea, but the Crown drew attention to the fact that Chris Falconer never explicitly told his father he didn’t commit the crime.

“I believe in the questioning that we asked, particularly in the cross-examination of [Scott] Falconer, did you attempt to ask the questions the jury wants answers to? The jury wanted to know was there a denial,” said Crown attorney Bill Gorman.

Gorman said he did not think the testimony of Scott Falconer advanced the defence’s case.

Final submissions will be made Friday and the 13-person jury will be charged Monday.

Kirwan disappeared in October 2011 after leaving a New Glasgow pool hall. Her body was found in a shallow grave in Pictou County a month later.

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