MURDER TRIAL
Husband accused of killing Truro-born wife
Husband accused of killing Truro-born wife in Regina
REGINA — Described by her family as an avid writer, Jenny McKay kept a journal. Court heard she provided details of her life within its pages, including troubles in her marriage to Jason McKay.
According to Crown prosecutor Adam Breker, journal entries made just a couple of weeks before 33-year-old Jenny’s death are telling.
As read aloud by Breker, one passage from Aug. 23, 2017 stated of Jason, “He said he was going to make my life a living hell and bury me the way I’ve buried him.”
The journal was one of numerous pieces of evidence debated on Monday as Breker and defence lawyer Thomas Hynes argued over its admissibility. Jason, 47, is on trial for seconddegree murder in the September 2017 stabbing death of his Truro-born wife. He graduated from Holland College in P.E.I. in 2004.
Much of the trial has been held under a voir dire, or a trial within a trial intended to determine which evidence a judge will consider as part of the trial proper. Last week, Breker and defence lawyer Thomas Hynes made submissions on the admissibility of comments Jason was heard making to police, mostly on video.
On Monday, the two sides argued over outstanding voir dire issues, particularly what use the court should make of evidence like the journal or hearsay statements from Crown witnesses who told the court about things Jenny reportedly said.
Breker argued such evidence is often allowed in cases of domestic homicide, in large part because the victim cannot provide evidence any other way. But that poses its own set of challenges, Hynes noted, in that such statements aren’t subject to the usual legal tests like crossexamination.
Hynes expressed a concern the prejudicial effects of the various statements would outweigh the probative value at trial. He further argued the fact Jenny suffered from an alcohol addiction makes her statements — whether in the journal or said to others — unreliable.
“Was Jason McKay abusive as indicated (or) was it just drunken misinterpretation of Jason McKay’s exasperation or displeasure with her own drinking?” Hynes questioned. “Is the contents of the conversation that she’s reported in her journal an actual memory or one that came to her when she was drinking that night and then convinced herself that it’s a real memory?”
But Breker argued Jenny’s words — through the journal, 911 calls and statements reportedly made to others — are backed up by other evidence, including through two people who testified they witnessed Jason punching and attempting to hit Jenny on two occasions.
Breker said the evidence in contention is “highly relevant to the state of the relationship in late August,” providing possible motive and showing a growing hostility in the marriage as well as a desire by Jenny to leave.
“The information (Jenny) provided … is relevant and also involves Jenny McKay presenting additional consistent evidence and a picture of someone who was not just fearful but also in a situation that was out of control, and Jenny McKay was looking for an off ramp,” Breker said.
Justice Michael Tochor is expected to decide on the voir dire issues on Wednesday.
After that, Hynes will advise whether defence will call evidence.