Whitehorse Daily Star

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Photo by Gord Fortin

ASSESSING THE OUTCOME – Lawyers André Ouellette and Kelly Labine, who defended Edward James Penner, discuss the verdict with reporters Thursday afternoon outside the Whitehorse courthouse.

Killer gets life with 25-year parole eligibility

A 12-person jury has found a 22-year-old Quesnel, B.C. man guilty of first-degree murder in the 2017 death of Adam Cormack.

By Gord Fortin on September 20, 2019

A 12-person jury has found a 22-year-old Quesnel, B.C. man guilty of first-degree murder in the 2017 death of Adam Cormack.

The Yukon Supreme Court jury delivered its verdict on Edward James Penner’s actions on Thursday afternoon.

Deputy Justice Scott Brooker indicated that first-degree murder comes with a statutory penalty of life in prison and parole ineligibility for 25 years.

After the verdict was read, Crown prosecutor Tom Lemon indicated that there were two victim impact statements that would be read.

The first was read from Theresa Cormack, the mother of the 25-year-old deceased. She thanked court staff for the work done to obtain the conviction.

She expressed her disdain for Penner.

“I hate you,” she said.

She said her son had helped her around her home. Now, she can’t leave the house without looking over her shoulder.

Theresa reports feeling anxiety, post-traumatic stress and other negative health impacts. She added that she is scared of people and does not trust anyone.

“I miss my boy more and more every day,” Theresa said.

She explained that her family had been close, and her son’s death caused fighting within the family. She said she fought with her daughter as they grieved.

Theresa added that Adam had helped pick out their dog. The pet now sleeps in his room and waits for him to come home. The dog reportedly smells the box that contains Adam’s ashes.

Theresa added that she waits for Adam to come home as well.

Theresa told the court that she has lost money due to being unable to work. The loss of her son forced her onto disability payments.

She pointed out that her son may have had some trouble with the law, but overall, had been a good kid.

“My feelings are crushed,” she said.

She called Penner a coward for falsely befriending her son, taking him to the old Castle Rock gravel pit northwest of Whitehorse and shooting him in June 2017.

She felt Adam would have been capable of defending himself if Penner had fought fairly.

She was happy that Penner will be going to jail, as he is “no good to society.”

Catherine Cormack, Adam’s sister read her statement.

She said Penner has ruined her life and left her family lost and confused.

She described her brother as kind and loving, the type of person who would help anyone.

“You, Penner, took that away from me,” she said.

She too reports having post-traumatic stress disorder as well as anxiety attacks. She has been put on different medications and is on a disability income as well.

She added that her brother had done nothing wrong to deserve his violent fate. She feels like she is in a nightmare.

“I just want him back,” she said.

She felt Penner has no conscience, is a psychopath and should not be released from prison.

“Roses are red, violets are black, I want my baby brother back,” Catherine said, closing her statement.

Brooker gave Penner a chance to speak, but the convicted man declined.

Crown prosecutor Amy Porteous and Lemon were not able to comment on the verdict after court. Lemon briefly said that everyone worked very hard to get to this point.

Defence lawyers André Ouellette and Kelly Labine spoke to media outside the court. Ouellette said the jury is never wrong.

“When a jury delivers a verdict, justice is done,” he said.

He said he followed Penner’s instructions on not calling him as a witness. He was not able to give further details due to lawyer-client privilege.

Ouellette said he was not in a position to say if there will be an appeal. He explained that this would be up to Penner, who has 30 days to make that decision.

“I don’t plan anything; Mr. Penner will decide that,” Ouellette said.

He explained that there is always an aspect of any case that can be appealed. He pointed out that Brooker is a very careful and experienced judge.

At this point, Ouellette said, he is unsure if there is anything appealable.

That said, he clarified that if someone looked at the transcript, something may be found.

“I can’t say at this point,” he said.

He has no word from Penner on how he feels about being convicted. He said Penner heard the evidence like anyone else. It included testimony from witnesses who quoted Penner as saying he had committed the murder.

Ouellette said the trial unfolded more quickly than anticipated. He’d expected the trial to last until the end of September. That said, it still went well.

He is unsure if he would have done anything differently. He is satisfied that he and Labine had conducted the case well.

The jury began deliberating Wednesday after Brooker gave his official charge and dismissed two of the 14 jurors who had participated in the trial. Legally, only 12 jurors can deliberate.

During the jury selection process in late August, Brooker explained that 14 were chosen due to the projected length of the trial. It finished ahead of schedule.

The charge instructed the jury on the laws it would have to interpret. Brooker gave the jury the options of convicting Penner of first-degree murder, second-degree murder or finding him not guilty of either.

The jury did not reach a verdict by 8 p.m. on Wednesday, so had to be sequestered overnight. The deliberations resumed at 9:15 a.m. Thursday.

The jury reconvened later that morning to ask for clarifications on the words deliberate action and weighing the consequences.

Brooker, after consulting with the Crown and the defence, explained that a deliberate act is one that is not rash.

The person who takes this action considered the potential outcome.

As for weighing the consequences, Brooker clarified that this is considering how one’s actions will impact others or reflecting on the potential punishment one could receive.

After the verdict was reached, Cormack’s family and friends stood outside the courthouse holding signs and celebrating Penner’s conviction.

Comments (2)

Up 18 Down 1

Politico on Sep 22, 2019 at 12:14 am

What a waste. Lives gone, families that will never heal and why. Money and honour!

Up 26 Down 1

Guncache on Sep 21, 2019 at 7:38 am

Bye bye Eddie

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