Victim was stabbed repeatedly: Crown

Defence says main issue at murder trial is killer's identity

Calgarian Dustin Kusch was repeatedly stabbed in the bedroom of his northeast home, including in the throat and chest, a prosecutor told court Monday.

And Chief Crown prosecutor Peter Mackenzie, in a brief opening address to Justice Willie dewit, said accused murderer Justin Malcolm Sutherland was responsible for the victim's Sept. 21, 2020 death.

But defence lawyer Lance Mcclean told the Court of King's Bench judge the main issue in the case will be the identity of Kusch's killer.

Mackenzie said it will be the prosecution's argument Sutherland not only was responsible for Kusch's death, but the accused had the intent necessary for second-degree murder when he killed the victim.

Mackenzie said Sutherland repeatedly stabbed Kusch in the throat, chest and arm in the early afternoon of Sept. 21, 2020 at a residence in the 4800 block of 1 Street N.E.

The prosecutor said Kusch did nothing to provoke the assault and did not commit any act of violence against his killer.

Sutherland was arrested in Edmonton a week after Kusch's death, Mackenzie said.

There he was interviewed by Calgary police homicide Det. Rey Bangloy and spoke to an undercover officer placed in cells with him.

Comments made by Sutherland will be the subject of an admissibility hearing, the prosecutor told dewit.

Kusch's body was found less than two hours after he was killed, on the steps of the residence.

The prosecutor said the first responder to a 911 call, a firefighter, attempted first aid, but to no avail.

Mackenzie said there were three other occupants of the main floor of the residence at the time of Kusch's death.

Nearly nine years ago, Sutherland was acquitted of second-degree murder in connection with a fatal stabbing in Edmonton. Justice Doreen Sulyma ruled Sutherland was definitely “in the fray,” but said she was left with a “reasonable doubt” as to who inflicted the lethal blow.