A Whitehorse jury heard evidence this week about an alleged fight with an axe between two Yukon men that erupted over a woman they were both seeing.

At press time early this afternoon, the jury members were still deliberating on whether Douglas Twiss, 59, from Burwash Landing, will be found guilty of assault with a weapon, uttering threats, and mischief causing damage over $5,000.

Twiss was charged after a confrontation with Gerard Desjardins at his home in April 2015 turned sour.

Crown prosecutor Ludovic Gouaillier said Desjardins suffered a cut to his hand after Twiss swung an axe at him.

He said Desjardin’s car was also damaged after Twiss struck the headlight, windshield and hood with the same axe.

But defence lawyer Vincent Larochelle argued that Twiss was just defending himself and trying to get Desjardins off his property.

He also questioned whether the cut on Desjardin’s hand was caused by an axe.

“It doesn’t make any sense that an axe did that to him,” he said.

According to court testimony, Desjardins had shown up unexpectedly at Twiss’s home to confront him over the woman they were both seeing. He had driven about an hour and a half from Haines Junction, where he lives.

Desjardins was upset that Twiss and the woman had had sex.

Meanwhile, Twiss said he didn’t care that she was seeing another man, as over the past 30 years, they had had an intermittent sexual relationship.

Rumours upsetting

But he was upset that Desjardins had spread rumours that he had Hepatitis C and was a “wife beater”.

Twiss was sitting on his couch when Desjardins showed up at his door and they began arguing. Unbeknownst to Twiss, Desjardins was recording audio on a device in his pocket at the time.

The profanity-laced recording was played for the jury several times.

While arguing, Twiss told Desjardins to leave, and at one point says, “I’m in a mood to get my pistols.”

While Gouaillier said Twiss was threatening Desjardins, Larochelle argued he was just making it clear that he was unwelcome and should leave.

Desjardins did begin to leave, the Crown said, but turned back towards the house when he heard a sound behind him.

Twiss admitted that he had thrown an iron into a nearby bush.

He also testified he later threw a box of tools, including sharp putty knives, at Desjardins.

According to the defence, the splitting axe came into the equation when Desjardins went to grab the handle but Twiss got there first.

But Gouaillier dismissed this claim.

“It took longer to say it than what you heard,” he said of the Crown’s explanation noting that the incident lasted 53 seconds.

Twiss also admitted to hitting Desjardin’s car with the axe and said he thought it would make him angry and want to leave as he is “materialistic”.

Larochelle argued that having a weapon was the only way Twiss could get the advantage in the situation. He noted that Twiss weighs 130 lbs. and has a prosthetic, while Desjardins weighs 280 lbs.

“If anybody in this courtroom got into a fight with him, he’d fall to the ground,” he said of Twiss.

He also alleged that Desjardins had intended to provoke Twiss in order to press charges as revenge.

He pointed to a portion of the recording where DesJardins whispered to a nurse at the health centre, “look what I’ve done,” and laughs.

“He’s happy, he’s nailed this guy, which is exactly what he wanted to do,” Larochelle claimed. “His laugh is the laugh of a jealous lover.”

DesJardins, however, testified that he wanted to resolve the situation amicably and that he laughs when he’s nervous.

Allegation not believable

Gouaillier also said Larochelle’s allegation didn’t make sense, as Desjardins could have been seriously injured or even killed.

“Mr. Desjardins doesn’t strike me as an Oscar-winning candidate,” he added.

During his closing arguments, Larochelle told the jury members their decision will come down to whether they find that Twiss acted reasonably in the situation, and whether they find the testimony of Desjardins or Twiss to be more credible.

Larochelle argued that Twiss’ testimony should be preferred, as he was honest, and there were inconsistencies in Desjardins’ testimony.

He also claimed that Twiss used escalating force, which was appropriate in the situation.

Gouaillier, however, said that Twiss crossed a line when he picked up the axe. He noted that the physical violence began only after Desjardins turned to leave.

He also argued that Desjardins’ testimony was more credible.

Gouaillier said Desjarsins can’t be expected to remember every minute detail about something that happened two years ago.