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Christopher Garnier’s fate now in the hands of jury hearing his second-degree murder trial

Wed, Dec 20: Justice Joshua Arnold delivered his final instructions to the jury hearing the second-degree murder trial for Christopher Garnier on Wednesday. Natasha Pace brings us the latest – Dec 20, 2017

The fate of a Nova Scotia man accused of killing an off-duty police officer now officially rests in the hands of the jury hearing his murder trial.

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Christopher Garnier, 30, is accused of murdering Catherine Campbell and improperly interfering with her remains. He has pleaded not guilty to both counts.

Campbell, 36, was a member of the Truro Police Service and a volunteer firefighter. She was off-duty at the time of her death.

READ: Christopher Garnier murder trial: Videos show night Catherine Campbell allegedly murdered

Crown says Campbell’s death a murder, defence says accident

Crown Attorney Christine Driscoll has said Garnier murdered Campbell and “threw her away like garbage.”

She alleged Garnier struck Campbell on the head and strangled her at an apartment on McCully Street, then placed her dead body in a green bin and disposed of it in a wooded area under the Macdonald Bridge.

READ: A complete look at the Crown’s case against Christopher Garnier

The defence has offered a very different theory about what happened on the day that Campbell died. Lawyer Joel Pink has said Campbell’s death was an unfortunate accident that occurred during rough sex, which she initiated.

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Garnier testified on his own behalf during his trial, telling the court that Campbell asked him to dominate, choke and slap her. Although he testified there are gaps in his memory and he does not recall putting Campbell’s body in the green bin or hiding it.

Defence asks for adjournment, case goes to jury 

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Pink said he asked for an adjournment in the case on Wednesday morning, based on the fact Christmas is just five days away. He said he didn’t want the jury to feel pressured to reach a verdict.

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After discussing the issue, Pink says Justice Joshua Arnold decided to proceed.

Arnold spent four hours delivering his final instructions to the jury on Wednesday afternoon. He told jurors to “keep an open mind, but not an empty head” and that it was absolutely essential that jurors decide this case based solely on what they have heard in the courtroom.

Arnold carefully went over the law and the essential elements that the Crown needs to prove.

He also provided each juror with something known as a “decision tree”, which provides questions that the jurors need to answer when reaching their verdict.

READ MORE: Defence closes its case in Christopher Garnier murder trial in Halifax

Jury has three possible outcomes on murder charge

The original jury consisted of seven men and seven women. Since the Criminal Code states that a maximum of 12 jurors can deliberate, two of the jurors were chosen at random and dismissed. The jury is now made up of seven women and five men.

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On the murder charge, the jury can choose to find Garnier guilty of second-degree murder, guilty of manslaughter or not guilty.

On the charge of improperly interfering with a dead body, the jury can choose to find Garnier guilty or not guilty. On this count, jurors must consider the defence’s position of automatism, which means someone is in a state of impaired consciousness and has no voluntary control over their actions.

Deliberations continue Thursday

The jury only deliberated for about half an hour on Wednesday before being sequestered for the evening.

In order for there to be a verdict, all 12 jurors must be unanimous in their decision.

Deliberation are set to resume Thursday at 9 a.m.

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