On Friday, the defence officially closed its case in Christopher Garnier’s murder trial.
Garnier, 30, is accused of killing Catherine Campbell, 36, in September 2015. Campbell was a member of the Truro Police Service. She was off-duty at the time of her death.
Garnier has pleaded not guilty to charges of second-degree murder and improperly interfering with a dead body. He has been on trial at Nova Scotia Supreme Court in Halifax since Nov. 20, 2017.
READ: Christopher Garnier pleads not guilty to murder of Catherine Campbell, jury selection underway
Defence calls Campbell’s death an accident
Unlike the Crown, who called nearly 40 witnesses, the defence chose to have just four people to give testimony.
In his opening address to the court, defence lawyer Joel Pink called Catherine Campbell’s death an accident.
Pink said Campbell died as the result of a consensual sex act or erotic asphyxiation that “unfortunately went wrong”. He said Campbell died during rough sex, which was initiated by her.
READ MORE: Catherine Campbell’s DNA found inside McCully Street apartment where it’s alleged she was murdered
Christopher Garnier called as first witness
The first witness to take the stand was Garnier, who testified on his own behalf.
Garnier told the court that on Sept. 10, 2015, he went to stay with his friend, Mitch Devoe, after he and his girlfriend, Brittany Francis, broke up. Garnier said after drinking and smoking marijuana with Devoe, they decided to go downtown.
Garnier said he met Campbell at the Halifax Alehouse and the pair went back to Devoe’s apartment which was located at 5714 McCully St.
WATCH: Surveillance video from inside the Halifax Alehouse on the night its alleged Catherine Campbell was murdered
Garnier says Campbell wanted to be dominated, choked, slapped
Once there, Garnier says he and Campbell started kissing and she asked him if he had ever been into domination, something Garnier said took him off guard.
Garnier says the pair kept kissing in the hallway when Campbell asked him to choke her. He says he placed both his hands on her neck for about 30 seconds. “If she ever resisted, I would have stopped,” he told the jury.
READ MORE: Christopher Garnier murder trial: Videos show night Catherine Campbell allegedly murdered
Garnier testified the pair then made their way to a pullout sofa in the den of the apartment. Once there, Garnier says he put his arm on Campbell’s neck and slapped her quickly three times at her request. Garnier said he was embarrassed and didn’t look at Campbell’s face while he slapped her.
Shortly after that, Garnier says he felt blood on him and ran to the bathroom to get a towel. When he came back Campbell hadn’t moved. Garnier told the court that he grabbed Campbell’s shoulders and shook her before hearing a gasp and moving back towards the doorway of the room.
Garnier said he was panicked, his vision was blurry and he was sick to his stomach. He recalled folding the mattress from the pullout couch and the pillars under the Macdonald Bridge — but not placing Campbell in a green bin or disposing of her body.
WATCH: Video of a man pushing a pushing a green bin from a McCully Street home
Garnier said he remembers waking up at the McCully Street apartment, getting his stuff and going to his father’s house. Later that evening, he and his girlfriend got back together.
Garnier testified he had a sick feeling in his stomach and tried to sleep in the days that followed but had nightmares. Garnier said he drove around from McCully Street to the bridge about a dozen times trying to put together his memories.
Garnier wrote letter to Campbell’s family
Garnier was arrested on Sept. 16, 2015. Police interrogated him for 9.5 hours, during which time, Garnier wrote a letter to Campbell’s family.
In part, the letter read: “I never wanted this to happen. I’ve always been a caring person, but this is my darkest moment.”
He went on to write: “I don’t expect you to forgive me for what happened so I won’t ask for your forgiveness.”
When asked by his defence lawyer during his testimony if there is anything Garnier wanted to say he replied: “I didn’t mean for Catherine to die, it was an accident” and “if I could talk to her family I would say I was sorry.”
Garnier a quiet, unassuming person, someone who would back away from confrontation
Dr. Stephen Hucker was called as the second defence witness. Hucker is a psychiatrist with experience in the area of forensic and correctional psychiatry.
He was qualified as an expert and is able to give opinion evidence in assessing and diagnosing medical disorders and evidence of paraphilia. In particular, sexual masochism – which includes asphyxiophilia and erotic asphyxiation.
Hucker told the court that he interviewed Garnier twice at a correctional facility in the Spring of 2016. In total, Hucker says he spent about 6.5 hours with Garnier to perform a psychiatric assessment.
Hucker said Garnier showed no signs of personality disorder and that Garnier comes across as a quiet, unassuming person, a people-pleaser and someone who would back away from confrontation.
READ MORE: Defence calls sexual masochism expert at Garnier murder trial
Garnier diagnosed with PTSD
When Pink questioned Hucker about erotic asphyxiation, he explained to the court that it was form of sexual masochism. Hucker said Garnier’s account of what happened on the night Campbell died – that she asked to be choked and slapped – amounts to him facilitating erotic asphyxiation for Campbell.
Hucker said people who regularly practice erotic asphyxiation often take safety precautions, like using a safe word and having a partner they trust. Hucker testified that harm can be caused during erotic asphyxiation and that someone could become unconscious quickly, possibly without giving warning signs.
Hucker told the court that he believes Garnier suffered from acute stress disorder following Campbell’s death and that one of the possible symptoms of the disorder is memory loss.
He also told the seven-man, seven-woman jury that he has diagnosed Garnier with Post Traumatic Stress Disorder or PTSD.
READ: Jury shown pictures of body discovered under Macdonald Bridge
Automatism brought up in court
Hucker, who was hired by the defence, was also questioned about automatism, which is considered a rare legal defence, involving a person being in a state of impaired consciousness.
Hucker told the court that in psychiatry, automatism it is defined as behaviour that a person is not consciously aware of.
Garnier testified he remembers having his arm on Campbell’s neck and slapping her quickly three times at her request – but does not remember much else.
When asked by Pink if Garnier was in a state of automatism after Campbell’s death, Hucker told the court: “I think a good case can be made for that.”
READ MORE: Forensic psychologist testifies about rare legal defence at Garnier murder trial
Crown questions Hucker’s findings
During cross-examination, Crown Attorney Carla Ball pointed out that Hucker did not speak to Garnier’s doctors or former employers when preparing his report.
Ball also said that Hucker did not consider a DNA report from Dr. Greg Litzenberger, a report from RCMP Sgt. Adrian Butler, a Blood Stain Pattern Analyst, the findings from Blair MacLellan, who analyzed Garnier’s computer following his arrest or surveillance video that was taken from the Soma Laser Centre.
Following the Crown’s questioning of Hucker, the defence showed him the reports prepared by Litzenberger, Butler and MacLellan. The video from Soma Laser was also played in court for Hucker to watch.
After reviewing the material, Pink asked Hucker if there was anything that would change the opinion he previously gave to the court, Hucker said no.
WATCH: Video of a man pushing a pushing a green bin from a McCully Street home
Crown questions Hucker on erotic asphyxiation
The Crown also questioned Hucker about erotic asphyxiation and a report he prepared.
Hucker said of the 172 fatal cases involving erotic asphyxiation in Ontario that he has studied, all but two of the victims were male and all died alone. When questioned about an internet-based study that Hucker completed on the topic, he said “a surprising number of women” participated in the survey, noting that 28 per cent of the 115 participants were female.
Hucker agreed with the Crown that there has only been one case he has seen in his career where someone died from erotic asphyxiation while they were with a partner.
READ: Defence calls sexual masochism expert at Garnier murder trial
Police self defence, training raised
The third witness that defence lawyer Joel Pink called to the stand was Const. Justin Russell, who has been a police officer with the Truro Police Service for eight years.
Russell testified he went to the Atlantic Police Academy in Prince Edward Island with Catherine Campbell. The pair also worked together with the Truro police.
Pink questioned Russell about the training officers receive at the academy, in particular, when it comes to self-defence and the vascular neck restraint.
Russell told the court the vascular neck restraint is used to restrain an individual from violent behaviour and that it can cause bodily harm or even death if it is not applied properly. He said police officers are trained how to break a vascular neck restraint if it is applied to them.
Russell also said police are trained to use “personal weapons” like hands and elbows as part of their self-defence training.
Under cross-examination, Crown Attorney Christine Driscoll pointed out that Russell was testifying after being subpoenaed by the defence. When asked about whether or not he has ever had to apply the vascular neck restraint, Russell said no and also said that he never saw Campbell use the vascular neck restraint either.
READ MORE: ‘My hands were on her neck’: Jury shown Christopher Garnier interrogation video
Campbell’s past sexual partner testifies
The fourth and final witness that was called to the stand by the defence was a man who briefly dated and had a prior sexual relationship with Catherine Campbell.
Before the final witness took the stand, 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 had sex on two occasions.
VIEW: New exhibits in Christopher Garnier murder trial released by court
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.
Pink tried pointing out inconsistencies with what the man said in court on Friday and what he told police in a statement two years ago.
According to Pink, the man said in the statement that Campbell was a lot more aggressive the second time the pair had sex, mentioning bruising and wrestling.
The man explained he contacted police after learning Campbell was missing in September 2015 to help them with their timeline. He testified he last saw Campbell two weeks before she was reported missing and had been texting with Campbell on the night of Sept. 10, 2015, when he says she invited him over to her apartment. The man said he was already in bed and did not go over.
The man also said any aggressive behaviour, like wrestling, happened following sexual intercourse, when the pair were partially dressed.
READ MORE: Christopher Garnier testifies at murder trial, tells court Catherine Campbell wanted to be choked
Closing arguments scheduled for Monday
Following the man’s testimony, Pink announced the defence would not be calling any additional evidence and would be closing its case.
Closing arguments are expected to take place on Monday.
Once both the Crown and the defence address the jury, the judge will deliver his final instructions.
-With a file from the Canadian Press
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