Jury hears final arguments in the Harkes murder trial

Mitchell Harkes could either be acquitted or be guilty of seconddegree murder, attempted murder or aggravated assault on Brett Wiese, according to the lawyers in their final arguments to the jury in his three- week trial on Thursday.

Defence lawyer Balfour Der said it was a case of self- defence when Harkes entered a house in the 5100 block of Brisebois Drive N. W. with several other friends early on the morning of Jan. 12, 2013, got into a fight with Wiese and Colton Lewis and stabbed each of them six times.

He told the jury if they aren’t convinced of the self- defence theory, then the injuries Harkes inflicted which were not the cause of death, it should be aggravated assault.

Der said there was no collaboration between Harkes and Jazlyn Radke, previously convicted of second- degree murder for inflicting the fatal seventh stab wound to Wiese’s back that caused more than two litres of blood loss, to jointly kill or maim anyone.

Radke, then 17, and some young female friends had hours earlier been evicted from the back to school university party and returned in anger to exact revenge on the person who “hit a girl,” according to evidence.

“Mr. Harkes had no idea this 17- year- old girl was going to stab someone,” Der told the jury. “This was a tiny little girl with a big mouth and a vocabulary like a sailor.”

Der conceded, however, that his client should be convicted of assaults on Matthew Zegers and Phillip Bamber and break and enter for illegally entering the home in the first place around 2: 30 a. m.

Crown prosecutor Carla MacPhail urged the jury to convict Harkes of both of the most serious charges — second- degree murder of Wiese, 20, and attempted murder of Lewis.

“It was Harkes and Radke’s friends who brought violence to the residence that morning,” MacPhail argued. “Evidence is overwhelming shows that Mitchell Harkes led the group attack to the house. Harkes and Radke led a joint attack on Brett Wiese, ultimately causing his death, and the near- fatal attack on Colton Lewis.”

MacPhail said although Harkes had been consuming alcohol, it did not play a factor in his actions.

“He’s guilty of murder for stabbing Brett Wiese before he fled,” said the prosecutor. Der called it a “very sad case.” “I can’t fathom the degree Brett Wiese’s family has suffered, and has the family of Colton Lewis” added Der. “Mr. Harkes had no business going into that house.

“When the girls had been earlier asked to leave, they should have left, but they didn’t. There is lots of sympathy for Brett Wiese and Colton Lewis, and there is a lot of dislike for Mitchell Harkes and the girls. But Mr. Harkes going to the house, spoiling for a fight for some dislikable girls does not equate to murder.”

Court of Queen’s Bench Justice Rosemary Nation will give her final instructions to the jury on Friday, then they will begin deliberations.