High-profile case moves into jury's hands
The Yukon Supreme Court jury hearing the attempted murder and robbery case retired this afternoon to consider its verdict.
The Yukon Supreme Court jury hearing the attempted murder and robbery case retired this afternoon to consider its verdict.
Justice Leigh Gower was also going to dismiss two of the 14 jurors by drawing numbers.
Fourteen jurors were selected on the opening day – Sept. 9 – to ensure if one or two of them got sick or had to leave for other reasons during the four-week trial, there would be back-up.
Gower explained to the jurors back then that the Canadian courts allow for the selection of more than the normal 12 jurors in cases of long trials.
He also explained if all 14 remained when it came time to sequester the jury, only 12 would be permitted to deliberate the evidence they've heard and render a verdict.Christopher Cornell, a 31-year-old Whitehorse man, is charged with attempting to murder RCMP Cpl. Kim MacKellar and Shane Oakley by shooting at them during a high-speed chase along the Alaska Highway on Sept. 26, 2011.
He's also charged with using violence and bear spray while robbing the safe from Madley's General Store in Haines Junction.
The co-accused in the case, 23-year-old Jessica Johnson, of Whitehorse, faces the same charges. Only Cornell is on trial at this time.
Once the jurors have been sequestered, they will not be allowed any contact with the outside world.
Should they be required to spend one or more nights in a hotel under the guard of the sheriff's office, all phones, TVs, radios and any means of communication would be removed from their hotel rooms.
The jury has heard how the custodian at Madley's General Store had his nose broken and was sprayed with bear spray while he was sweeping up before the store opened.
They heard how he struggled to the office and called the police, before going to the front door and seeing two people trying to load the store's safe into the back of a black SUV.
The jury has heard how a high-speed chase began when MacKellar and Oakley, a deputy conservation officer, arrived at the scene in MacKellar's fully-marked RCMP crew cab.
The chase ended 32 kilometres down the Alaska Highway toward Destruction Bay when a bullet fired from a high-powered rifle exploded through the windshield of MacKellar's truck.
Neither the custodian nor MacKellar and Oakley said they saw the faces of the robbers or of the two individuals inside the black SUV as it sped away from Madley's, as the assailants had their hoodies up.
Cornell testified he was not at Madley's that morning, and he was not in the black Chevrolet Blazer being chased.
Justice Gower started delivering his instructions to the jury shortly after 10 a.m., and was still going at 12:30 p.m.
He provided guidance on how to approach the evidence, and explained the burden of proving guilt beyond a reasonable doubt.
The judge explained the law as it applies to each of the eight charges Cornell is facing.
But he also reminded the jury that he is the judge of the law as it applies to the case, but they are the judges of fact.
"I will explain to you what the Crown must prove beyond a reasonable doubt for each of the charges, and will review the evidence,” Gower told the jurors.
"At this trial, I am the judge of the law, and you are the judge of the facts.”
Gower told the jurors they must render their verdict without sympathy, without prejudice and without fear.
The jury heard MacKellar testify that he had to be medevaced by air from Haines Junction to Whitehorse and then on to Vancouver.
He underwent an operation the next day to remove metal fragments from his face, eyes and left shoulder, and a second operation was needed to remove more metal fragments from his right eye.
Their are still metal fragments in his eye and shoulder, MacKellar testified.
Crown prosecutors Keith Parkkari and Christiana Lavidas called more than 20 witnesses.
Cornell was the only witness for the defence.
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