Closing statements presented to jury
Prosecutor Christine Driscoll stood silent for two minutes – the same length of time, she says, it would have taken for Catherine Campbell to be strangled.
With that, she rested her case.
Now it will be up to a jury to decide whether Campbell, an off- duty Truro police officer, died accidently during rough sex or if she was murdered by Christopher Garnier.
The jury begins deliberations Wednesday, following instructions from the judge.
Both the Crown and defence lawyer Joel Pink made closing statements Monday in Halifax.
Garnier is charged with second- degree murder and interfering with a dead body in Campbell’s death in September 2015.
Pink called into question the reliability of some of the witnesses called by the Crown.
He noted the lack of injuries on Garnier’s body one might expect had there been a struggle.
He said Campbell’s body was relatively intact and that most injuries could have been sustained post-mortem.
Pink said that erotic breath play brought about an accidental death and can result from cutting the flow of oxygenated blood to the brain using a forearm, as described by Garnier.
Pink also pointed out that no semen or foreign DNA was found and no defensive wounds, indicating a struggle, were found on his client’s body.
At the time Campbell died, Garnier experienced clouded vision, a noise in his head, and disassociation consistent with acute stress disorder, said Pink. Garnier also struggled to remember what happened in the days afterward.
“He was still confused and could not remember what happened,” said Pink.
Pink rounded off his closing statements by referring to Garnier, who also testified. He went over events at the Alehouse where Garnier and Campbell met before taking a taxi back to the apartment at about 3:30 a.m.
He alleges Campbell encouraged Garnier to choke and slap her.
At no point did she ask him to stop, but Garnier would have if she did, Pink said.
Garnier himself was not thinking clearly, as evidenced by his subsequent behaviour. Pink said his client did not use his parked vehicle to dispose of Campbell’s body in a more secluded area but instead disposed of it on foot and he was barefoot.
For the second alleged offence, interfering with a dead body, Pink said Garnier has the defence of automatism, meaning he was not fully conscious of his actions.
Driscoll, in her closing remarks to the jury said, “He murdered her and then he threw her away like garbage.”
She said the forensic evidence speaks for itself “loud and clear,” despite there being no video evidence inside the apartment where the alleged murder occurred. “It speaks to violence,” she said.
The chief medical examiner said Campbell died of strangulation and not erotic asphyxiation, according to Driscoll. Those findings matched the initial version of events that Garnier told police after his arrest. “He told the truth in the first interview,” said Driscoll.
Driscoll maintained Garnier was thinking clearly. She pointed to how he got rid of a necklace as it may have DNA and also worked to dispose of the body before sunrise. In the space of 45 minutes, Driscoll said, Garnier killed Campbell, dragged her body outside, changed his clothes and looked for a bin to place the body in.
She added Garnier also got rid of Campbell’s phone, keys, shoes and ID as well as the mattress from the apartment that had her blood on it. “He was thinking and he was thinking quite clearly,” said Driscoll.
As for his car that he did not use, Driscoll said that was because his trunk was full and the gas tank likely empty.
After he disposed of the body, Driscoll said Garnier reconciled with his girlfriend, attended his father’s birthday celebration, and started a new job with no apparent issues noted by his boss. He also put a tarp, rope, filled gas can and gloves in his girlfriend’s vehicle.
“He comes up with a plan,” said Driscoll.
He also took his passport, love letters and toiletries.
Driscoll said that at the time of Campbell’s death, Garnier created a scenario that she died as he went to the bathroom to fetch the towel.
After Campbell died Garnier did not call 911 or perform first aid, Driscoll said.
“He picks her up, not worried about her neck.”
Regarding the automatism defence, in relation to interfering with a body, Driscoll said it is a rare condition and that Garnier knew exactly what he was doing with the green bin.
Driscoll said the summer of 2015 was a bad time for Garnier as he was looking for a decent job, had financial issues, got into arguments and was dumped by his girlfriend and was prescribed Cipralex, an anti-depressant.
“He was violent and he was looking for an excuse as to why,” said Driscoll.