Judge instructs retiring jury
A heavy burden of proof was placed on the shoulders of Crown counsel in the trial of Karen Rodrigue today, as Deputy Justice John Vertes gave his final instructions to the Yukon Supreme Court jury.
A heavy burden of proof was placed on the shoulders of Crown counsel in the trial of Karen Rodrigue today, as Deputy Justice John Vertes gave his final instructions to the Yukon Supreme Court jury.
"In deciding this case," he began, "the law expects only that you are fair and impartial."
But during his hour-long address, it became clear that the task before the five women and seven men is a complicated one.
They are charged with deciding whether Rodrigue is guilty of the second-degree murder of Gerald Dawson.
Rodrigue admits she delivered the fatal stab wound to the 64-year-old Whitehorse man on June 17, 2004, but insists she did not intend to kill him.
As Vertes pointed out in his instructions, it is up to Crown counsel to prove, beyond a reasonable doubt, "that at the time of the killing, the accused either meant to kill Gerald Dawson or meant to cause bodily harm with the knowledge that it was likely to cause death."
If the Crown proved she decided to kill or grievously harm him, then she is guilty, even if that decision was "formed momentarily," he said.
However, the burden of proof does not end there. If the jury finds Rodrigue did intend to kill Dawson, they must then move to the question of provocation.
Rodrigue testified that Dawson, a friend of hers for several years, raped her the night she killed him. Not only that, she said, but after the attack, he insulted and dismissed her, saying no one would believe her and that she was "nothing but a crack whore."
It is not up to Rodrigue to prove this, the judge explained; rather, it is up to the Crown to prove that she was not provoked.
"A killing that would otherwise be a murder is reduced to manslaughter if the person who committed it did so in the heat of passion brought on by a wrongful act or insult," Vertes said.
He outlined the four parts of provocation that the Crown must prove did not occur.
Firstly, the Crown must show Dawson did not say or do anything to Rodrigue which would make an ordinary person lose his or her powers of self-control.
Secondly, the Crown must prove Rodrigue did not, in fact, lose her self-control as a result.
Thirdly, the Crown must prove that what Dawson did was not sudden and unexpected, and finally, that Rodrigue's reaction was not "spontaneous" and she did not stab Dawson before she could think about what she was doing.
"Do not concern yourselves with the consequences of your verdict," the judge concluded.
"Ladies and gentlemen, you are carrying out a great responsibility ... the jury guard will come to you in about an hour to see what you would like for lunch."
The jurors have now been sequestered. They will not be allowed to speak to anyone outside of their group until they have reached a unanimous verdict.
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