The trial of an Alberta man accused of killing an Abbotsford police officer took a dramatic turn Thursday, with the defendant taking a surprise turn on the stand.
Oscar Arfmann is facing a charge of first degree-murder, with Crown alleging he fatally shot Const. John Davidson twice from behind on Nov. 6, 2017 as the officer responded to a report of a stolen vehicle.
The bizarre twist shaped up in a “voir dire” process — an in-trial hearing to determine the admissibility of new evidence.
READ MORE: Alleged murder weapon, bullet fragments presented in day 2 of trial of accused B.C. cop-killer
First, Crown called a surprise witness to the stand, Deputy Sheriff Paul Cumming, who had escorted Arfmann out of the prisoner’s box on Wednesday, following testimony from a witness describing what the shooter was wearing.
WATCH: Trial of man accused of killing Abbotsford police officer hears from man who spoke to accused
Cumming testified that he heard Arfmann say, “I was wearing a black leather jacket and a Harley Davidson hat. What a dangerous f–k I must be.”
That’s when the defence called Arfmann himself to the stand, where he told the court he often mutters to himself, and had actually said, “It’s a Harley Davidson-style leather jacket and it sure as f–k wasn’t me.”
Justice Carol Ross said she would need time to weigh whether to accept the new evidence in the trial.
READ MORE: Crown alleges APD Const. John Davidson was shot twice from behind as accused killer’s trial begins
The theatrics came after the court heard from the man who took the infamous photo that allegedly depicts Arfmann holding a rifle at the scene of the crime on the day of the shooting.
Mike McDonald, the president of the car dealership from which Arfmann is accused of stealing a Ford Mustang, was the third witness to identify the suspect.
On Wednesday, the court had heard from another employee of the dealership who testified that he and his boss had confronted Arfmann, after which the accused shot the employee’s pickup truck and fled.
On Thursday, Crown prosecutor Theresa Iandiorio asked McDonald if he could identify the man in that encounter.
“I am asking that you look around this entire courtroom and see if you can identify that male in this room,” said Iandro.
McDonald, who has a vision issue, asked for permission to get up and take a closer look at the back of the courtroom, before walking towards Arfmann.
WATCH: Several key exhibits entered on day 2 of Oscar Arfmann trial
“The man that confronted us and shot the gun in our direction is sitting in the prisoner box in the black shirt,” McDonald testified.
READ MORE: Abbotsford police officer shot and killed in line of duty
Arfmann’s defence has sought to question witnesses recollections of the day of the shooting, arguing that their memories may have been shaped by conversations with other witnesses or by media coverage.
Crown has warned it may seek to submit those witnesses’ 911 calls as evidence if defence continues with that strategy.
The court has already heard that Arfmann was arrested the day of the shooting in a stolen Mustang with a rifle and knives inside.
Arfmann has pleaded not guilty.
The trial is slated to last eight weeks and will hear from as many as 30 witnesses.
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