The Crown and defence presented their closing arguments to the seven-man, seven-woman jury hearing Christopher Garnier’s murder trial on Monday.
Garnier, 30, is facing charges of second-degree murder and improperly interfering with a dead body. He has pleaded not guilty to both counts.
The Crown has alleged Garnier stuck Catherine Campbell, 36, on the head and strangled her at his friend’s apartment on McCully Street and then used a green bin to transport her body to a wooded area under the Macdonald Bridge.
The defence says Campbell died accidentally during rough sex, which she initiated with Garnier.
Defence asks for jury to acquit Garnier
Defence lawyer Joel Pink urged the jury hearing Christopher Garnier’s murder trial to find him not guilty during his closing arguments Monday morning.
Pink told the court that it is the defence position that Campbell’s death did not amount to culpable homicide and that a conviction for second-degree murder cannot stand in this case because the Crown failed to prove beyond a reasonable doubt that Garnier’s actions constituted an unlawful act or did he cause bodily harm that he knew would likely cause death.
“I plead with you that you do not make a quick decision,” Pink said to jury, adding the decision will not only impact Garnier but it will be a decision that each one of them will have to live with for the rest of their lives.
Pink called Campbell’s death a tragedy in the true sense of the word.
On the charge of interfering with a dead body, Pink told the court that the defence of automatism is available. Last week, Dr. Stephen Hucker testified that automatism is a rare legal defence in which a person is not consciously aware of their behaviour.
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WATCH: Video of a man pushing a pushing a green bin from a McCully Street home
Crown says Garnier lost control
When presenting their closing arguments, Crown Attorney Christine Driscoll said Garnier murdered Campbell and “threw her away like garbage”.
Driscoll said the remarkable thing about this case is that much of it is caught on video, like Campbell and Garnier at the Halifax Alehouse. She said the only thing that is not on video is what happened during the 45 minutes that the pair were alone at the McCully Street apartment.
Driscoll said Garnier lost control, punched and strangled Campbell. Then placed her body in the green bin and hid it in a wooded area under the Macdonald Bridge.
She said Garnier was thinking clearly when he disposed of Campbell’s body and other evidence – like the mattress from the pullout sofa, Campbell’s purse and her shoes – which have never been recovered.
Driscoll also reminded the jury about the testimony of Dr. Matthew Bowes, Nova Scotia’s Medical Examiner, who told the court it would take at least two minutes of pressure on someone’s neck to cause death.
READ MORE: Christopher Garnier testifies at murder trial, tells court Catherine Campbell wanted to be choked
Garnier testified he didn’t remember putting Campbell in green bin, disposing of her body
Garnier told the court last week that he met Campbell at the Halifax Alehouse and the pair went back to the McCully Street apartment together. Once there, Garnier said Campbell asked him if he was into domination and requested that he choke and slap her. Garnier testified he had no memory of putting Campbell in a green bin or disposing of her body.
Before the final witness took the stand on Friday, Justice Joshua Arnold instructed the jury that they can use the evidence to determine whether Campbell had an interest in rough sex, as the defence has alleged.
The witness, whose name is protected under a publication ban, told the court he knew Campbell well, and that the pair briefly dated and had sex on two occasions.
When questioned by Pink about whether or not the witness had ever placed his hand on Campbell’s neck, the man said he did.
Under cross-examination, the witness said although he placed his hand on Campbell’s neck, he never applied pressure. He also said she never asked for pressure to be applied to her neck or to be choked or punched.
WATCH: Surveillance video from inside the Halifax Alehouse on the night the Crown alleges off-duty Truro police officer Catherine Campbell was killed
READ MORE: Past sexual partner of Catherine Campbell testifies at Christopher Garnier murder trial
Jury to start deliberations this week
Justice Joshua Arnold will give his final instructions to the jury on Wednesday at 11 a.m., at Nova Scotia Supreme Court.
Once the instructions are complete, the case will be handed over to the jury to begin deliberations.
The jury will be sequestered and remain together until a unanimous verdict is reached.
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