Smithers courthouse

Third week of Giesbrecht murder trial wraps up

Week three of the Giesbrecht murder trial wrapped with the dismissal of a defence application

The third week of the trial of Albert Giesbrecht for the alleged 2017 murder of Raymond Bishop wrapped up at Smithers B.C. Supreme Court Feb. 8 with the judge dismissing a defence application.

On Friday afternoon, defence attorney Terry La Liberté applied to have the prosecution furnish particulars on its theory of the means by which the crime of first degree murder was committed — which is legalese for further justifying the charge.

The defence argued the particulars were necessary for the accused to defend himself and receive a fair trial.

In rendering an oral decision on the application, Justice David Crossin first recapped some of the Crown’s theory that on the morning of May 18, 2017, Giesbrecht, with a firearm or firearms in his vehicle, had crossed from Burns Lake to Southside on the ferry with the intent to harass his estranged wife Susan Giesbrecht and/or Bishop, who the accused believed were romantically involved. At the terminal in Southside, the judge said, the two men were allegedly involved in a confrontation. Although there were no eyewitnesses to the shooting, Bishop had died of a single gunshot wound to the chest fired from, according to the prosecution, a 30-30 rifle belonging to Giesbrecht.

READ MORE: Court hears testimony of decades of domestic abuse in Burns Lake murder trial

Crossin then referenced the definition of first degree murder with emphasis on Section 229.(c) of the Criminal Code of Canada (CCC): “where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.”

The judge noted the “unlawful object” as presented by the prosecution’s case was the alleged harassment.

Crossin cited case law indicating the standard for ordering particulars included incomplete or late disclosure of evidence, or the introduction of or intention of prosecutors to introduce an alternative or alternative theories of the crime.

He said he saw “no suggestion of failing” on the part of the Crown to provide the defence with full disclosure of all the evidence it intended to bring and dismissed the application.

The trial is scheduled to continue on Feb. 11 at 10 a.m.

Just Posted

Teen sexually assaulted at Radley Beach

A sexual assault took place at Radley Beach in Burns Lake on… Continue reading

Australian gold mining giant acquires Red Chris mine

Newcrest now owns 70 per cent of the mine south of Iskut and operatorship

Pride crosswalk too expensive to install says municipal council

Mayor and council have asked staff to investigate whether a bench with a plaque supporting the LGBTQ+ community is feasible

Skeena Watershed reopened for recreational pink and coho

Four sections and tributaries remain closed

Trudeau to meet with U.K. and Japanese prime ministers ahead of G7 summit

French President Emmanuel Macron, this year’s G7 host, has little expectations of a unified front from the leaders

Thousands cycle to conquer cancer

The 11th annual Ride to Conquer Cancer took place Saturday morning, Aug. 24 in Surrey, B.C.

PHOTOS: Brazil military begins operations to fight Amazon fires

Amazon fires have become a global issue, escalating tensions between Brazil and European countries

Racist confrontation in Richmond parking lot caught on camera

Woman can be heard yelling racial slurs, swear words at woman in apparent parking dispute

Groups ready campaign to help young voters identify ‘fake news’ in election

The media literacy campaign to focus on identifying misinformation and suspicious sources online

Big rally in northern B.C. draws attention to continuing lumber crisis

Mayor Joan Atkinson says about 400 workers have been directly affected by the closure of the Canfor mill

Orangeville Northmen take Minto Cup at Langley Events Centre

Swept best-of-five series 3-0 over Victoria Shamrocks

Expanded support to help B.C. youth from care attend university still falling short

Inadequate support, limited awareness and eligibility restrictions some of the existing challenges

Ethnic media aim to help maintain boost in voting by new Canadians

Statistics Canada says new Canadians made up about one-fifth of the voting population in 2016

Most Read