Martel found guilty in slaying captured on cellphone camera

CALGARY – Travis Martel has been found guilty of second-degree murder in the stabbing death of his girflfriend Sarah Nicole Rae.

Court of Queen’s Bench Justice Peter McIntyre delivered his verdict Friday afternoon, calling Martel a repetitive liar whose story evolved over the course of time.

McIntyre said the video that Martel made on his cellphone of Rae’s dying moments was the most telling aspect of his intent.

"His voice is calm and you just have to listen to his words."

Rae, 24, was stabbed following an argument at Martel’s Calgary condo on Aug. 3, 2008.

Martel, 35, first told police he returned to his condo to find his girlfriend dead, but changed his story when confronted with the video, which was recovered from his cellphone by a technology crimes analyst after being deleted.

In closing arguments, Crown prosecutor Gord Wong said the fatal stabbing was clearly an intentional act.

Wong argued that Martel concocted a sophisticated series of lies to cover up the murder and make it appear as though it was an accident.

"The powerful nature of the video is that it was moments after the act itself . . . from the content you can glean intent," the prosecutor said in his final argument.

"From the time he had the cell phone in his hand, he has a choice: call 911 or not. In choosing not to call 911, the natural consequences of the act is she’ll die. He makes a choice instead to record her final moments. The fact he chose to make the video is he wants her dead."

Within 12 minutes of completing the two-minute, six-second video, Wong said Martel began his series of lies when he phoned best friend Jason Bobak and left a message saying he got home from the bar okay, everything was fine, and he’d talk to him in the morning.

Defence lawyer Balfour Der earlier argued Martel, 35, should be acquitted as the stabbing was an accident that occurred while he was defending himself.

Der said his client recorded the video so anyone who saw it would understand it was an accident and that he planned to commit suicide.

"The fact he says in the video, ‘it was a good thing I said I love you and I’ll be joining her soon,’ supports what Travis Martel says why he made the video – to create this record then kill himself," Der argued.

"He looks at the situation that she’s going to die, he’s in shock, feels he’ll be held responsible when in law he’s not . . . he’s going to kill himself, then chickens out."

Wong, though, noted Martel deleted the video, which had to be recovered by a forensic expert.

The prosecutor said the accused only changed his story from not being at the home at the time of the stabbing to the incident being an accident after he was confronted with the gruesome video.

"The time he begins to make any admissions is after he saw the video," Wong said. "He then says that he pushed her down and the knife goes into her. He’s admitting to force moments before the stabbing.

"He has the knife, and the location, depth and force required to go through bone and cause injury . . . this is not the arm but through the centre of the chest, causing serius injury, and he is reckless whether death ensues."

Martel did not testify during his trial.

dslade@theherald.canwest.com