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Former NS boxing champ Markel Jason Downey to learn fate next week

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Former NS boxing champ Markel Jason Downey to learn fate next week
WATCH ABOVE: Closing arguments in the trial of a former Nova Scotia boxer accused in a high profile home invasion and triple shooting took place on Thursday. Global’s Natasha Pace reports – Feb 9, 2017

A Nova Scotia Supreme Court judge is scheduled to deliver the verdict of a high profile home invasion next week.

READ MORE: Police charge 4 teens in connection with Cole Harbour triple shooting

Markel Jason Downey is facing a total of 28 charges including three counts of attempted murder, stemming from an incident in Cole Harbour more than two years ago.

The Crown and the defence presented their closing arguments Thursday.

Court hears up to 9 shots fired, one bullet still lodged in victim’s neck

It’s alleged Downey broke into a home on Arklow Drive on Nov. 30, 2014. The court heard that during the home invasion between eight and nine bullets were fired.

Three people were shot, including Ashley MacLean Kearse. She was left paralyzed from the chest down and confined to a wheelchair following the shooting.  The court heard a bullet remains lodged in the young woman’s neck.

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Crown Attorney James Giacomantonio told Global News on Thursday that the case against Downey rests almost entirely on the testimony of MacLean Kearse.

The crown attorney says the case against Markel Jason Downey rests almost entirely on the testimony of Ashley MacLean Kearse. Paul DeWitt/Global News

Witness recognized suspects eyes, voice during shooting

During the trial, MacLean Kearse told the court that she previously went to school with Downey and had “hundreds” of interactions with him.

Despite the accused allegedly wearing a hoodie and having a portion of his face covered at the time of the home invasion, she testified that she recognized Downey from his eyes and voice when he spoke.

MacLean Kearse was the only Crown witness to testify in the case that was able to identify Downey as the alleged shooter.

Defence lawyer Pat MacEwen, who is representing Downey, questioned how reliable MacLean Kearse’s testimony was.

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One example he brought forward during closing arguments is that the young woman testified the shooter was wearing all red, while others in the home that evening recall the suspect wearing black.

Giacomantonio told reporters that it’s normal for there to be inconsistencies when witnesses are recalling what happened years ago.

A judge has reserved his decision in the trial for Markel Jason Downey until Tuesday, Feb. 14. File Photo/Global News

Three youth also charged in connection with the home invasion

Three other individuals were charged and pleaded guilty in connection with the home invasion.

Due to a court ban, the names of those individuals are protected. All three cases have already been dealt with in the court system.

The only reference the Crown made to the youth involved in the home invasion was for the judge to consider how they were identified by witnesses.

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“We’ve asked the judge to consider that because the other three were identifiable under those circumstances wearing bandannas over their face and in certain lighting conditions in that bedroom that since three could be identified also Mr. Downey could be identified in the same circumstances,” Giacomantonio said.

Downey a former boxing star

Downey has pleaded not guilty to all of the charges against him.

He was previously denied bail and has been remanded in custody since December 2014.

Prior to his arrest, Downey was a championship boxer, often going by the name “Baby Jason.”

Downey won gold in his weight class in the 2011 Canada Winter Games in Halifax, at just 15 years old.

WATCH: Former Nova Scotia boxing prodigy charged in Cole Harbour triple shooting

Crown ‘confident’ in case against Downey

Downey’s lawyer declined to comment on the case following closing arguments.

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Although Giacomantonio said he feels “confident” in the case the Crown presented, he isn’t expecting Downey will be found guilty on all 28 charges.

“We just asked for acquittals on cases that hadn’t led evidence or where the evidence came out in a way that wasn’t consistent with the charge,” he said following court. “None of the major charges have been touched, so the attempted murder is still there, the robbery, the break and enter.”

The verdict will be delivered on Feb. 14 at 1 p.m.

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