Justice Pierre Muise to finish his instructions to the Yarmouth jury on the morning of Jan. 26 ahead of the start of deliberations
In this trial, the Crown called 28 witnesses over the first eight days of the trial. The defence called two witnesses over one day. Justice Muise noted that the jurors must not be swayed by how many, or how few, witnesses were called.“You must not speculate ... about what evidence there might have been; or permit yourself to guess or make up theories without evidence to support them,” he said.
“You may believe some, all, or none of Mr. Rogers’ testimony,” Justice Muise said during his charge. He also said the jurors can do the same from statements that Rogers had given in a videotaped interview with the RCMP in October 2020, days after Cook’s death.There were numerous inconsistencies between what Rogers testified to during the trial and what he told the RCMP two years ago.
Still, Justice Muise said,"Testimony from this type of Crown witness must be approached with the greatest air of caution." He said such a witness may be looking to minimize their own involvement. The province's chief medical examiner testified that Cook was shot and also suffered countless sharp force injuries. There were too many injuries to count based on the decomposition of the remains, and also because of the numerous injuries themselves. The description of the injuries was quite graphic and disturbing.As for a motive – if the jury is looking for one to help guide them, they won’t find one in this case. There was no motive offered as evidence during the trial.
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