McGregor ‘never wanted’ custody

The jury will have to wait another day for Robert McGregor to tell his version of how Joanne MacKenzie ended up dead in a field near his Lakefield home.

McGregor, 34, testified in his own defence for a second day in a row as his trial continued in the Superior Court of Justice in Oshawa on Thursday. He is charged with first-degree murder and kidnapping in the death of MacKenzie, his ex-commonlaw partner, in the summer of 2011.

The 23-year-old went missing July 2, 2011 and her body was found four days later in a shallow grave about 230 metres from McGregor’s Lakefield home.

It’s the prosecution’s theory that McGregor killed the mother of their child because they were in a custody battle for their then five-year-old daughter.

On Thursday, McGregor told the jury he “never wanted to ask for custody ,” but things changed at the start of 2011. McGregor said MacKenzie had to move out of her apartment in Peterborough because she lost her social assistance.

McGregor said MacKenzie’s plan was to move to her aunt’s home in Apsley. McGregor said he was concerned about this because he didn’t want his daughter to switch schools during the middle of the year. He told the jury he experienced that when he was a child. “It wasn’t pleasant for me,” he said.

As they did for the first five years of their daughter’s life, McGregor said he and MacKenzie weighed options and it was decided their daughter would live with him in Lakefield until the end of the school year while MacKenzie would get their daughter on weekends.

After a week of this arrangement, McGregor testified that his daughter was not returned after the weekend stay with her mother. Further, McGregor said this is when MacKenzie informed him she would be taking him to family court.

“I was shocked,” he explained, adding the sole reason for her decision was based on advice from her family members.

Reacting to MacKenzie’s intention to file for full custody, McGregor said he went to court and filed for custody himself, but he wanted it back to the way before when they’d hash out visitation without lawyers.

A temporary court order was made and McGregor continued to see his daughter on the weekends. Between March and April, McGregor admitted there was little communication between mother and father. McGregor said he was happy and in love with his girlfriend, Amanda Wells, and there was not much to talk about with MacKenzie. However, McGregor said this changed in June when he learned that MacKenzie’s boyfriend allegedly disciplined his daughter and put his hands on her.

“I believe that’s what got us talking again,” he told the court. “If it wasn’t for our daughter (name omitted), I probably never would have spoken to Joanne again.”

McGregor told the jury they decided to go to mediation again on June 22, 2011 The accused testified he picked up MacKenzie at her aunt’s home that day to take them to the mediation, but parked out of sight of the home.

“She didn’t want her aunt to know where she was going and with who,” he explained.

At mediation, McGregor said an arrangement was made where he’d continue to see his daughter on the weekend, and that MacKenzie’s boyfriend would never be around his daughter. It was also in the mediation report that MacKenzie would seek professional help for depression. McGregor said after the mediation, MacKenzie stopped contacting him and wasn’t willing to sign the mediation arrangement.

“I was getting frustrated at this point,” he explained.

McGregor’s evidence resumes Friday.