Metchosin murder trial: One of accused no longer part of proceedings
The murder trial of two inmates accused of killing a Vancouver Island man after escaping a minimum security federal prison took a sudden turn this week.
Zachary Armitage and James Lee Busch are charged with killing 60-year-old Martin Payne in July 2019, a day after the pair walked away from William Head Institution, about eight kilometres from the victim's home in Metchosin.
On Tuesday, however, Justice David Crossin told the jury that Armitage will no longer be a part of the proceedings, telling them he has been dealt with separately, and that it would be inappropriate for them to speculate why that could be.
Meanwhile, Busch’s trial will proceed, and evidence against both men will continue to be presented.
Both men pleaded not guilty to first-degree murder when the five-week trial began on Nov. 14.
This week, the jury saw several surveillance videos of the two accused in the days after their escape from William Head Institution on July 7, 2019.
The first showed them driving Payne’s Ford pickup truck along a residential street in Oak Bay before parking it and walking away.
Another camera later captured the two men at the Victoria International Marina on July 9.
The video shows Const. Glenn Foley of the Victoria Police Department – who took the witness stand Thursday – approaching the two men, who were walking away from him.
Foley said once he identified himself as a police officer, they stopped and turned around.
He said he instantly recognized Armitage because of a tattoo on the inmate's neck, saying he had seen the two men’s mug shots that morning.
Foley called for backup, and the two were arrested without incident.
Payne was found dead in his home on July12, 2019. The Crown believes he was killed on July 8, after returning from his job as a mail carrier.
The court previously saw images of the 60-year-old lying in a puddle of blood in his bathroom, with a hatchet, a knife and a tape dispenser found nearby.
An RCMP forensics identification specialist previously testified that Armitage’s hand- and fingerprints were found on several objects in Payne’s home, including the tape dispenser.
Payne’s two daughters, Calla and Jessica, have sat in the front row of the gallery throughout the trial.
“It’s been a rollercoaster, obviously the whole situation is devastating to all of us,” Calla told reporters outside of B.C. Supreme Court in Vancouver during the first week of the trial.
“Sitting in the courtroom is very difficult, but we're happy that we have each other and the support that we have and looking forward to seeing justice come for this,” said Calla.
Despite having to sit through disturbing images, some of which show their father the day he was found, the sisters have held strong.
While the experience in court may be painful, they said there were too many unanswered questions to not attend.
“Things are coming to light that I’ve been wondering about continually, non-stop, for the past three years,” said Jessica. “For me that’s my main reason."
“Also to be there for my dad, to show support for his memory.”
CTVNews.ca Top Stories
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
Orca calf that was trapped in B.C. lagoon for weeks swims free
An orca whale calf that has been stranded in a B.C. lagoon for weeks after her pregnant mother died swam out on her own early Friday morning.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
Trump's lawyers try to discredit testimony of prosecution's first witness in hush money trial
Donald Trump's defence team attacked the credibility Friday of the prosecution's first witness in his hush money case, seeking to discredit testimony detailing a scheme between Trump and a tabloid to bury negative stories to protect the Republican's 2016 presidential campaign.
U.S. flight attendant indicted in attempt to record teen girl in airplane bathroom
An American Airlines flight attendant was indicted Thursday after authorities said he tried to secretly record video of a 14-year-old girl using an airplane bathroom last September.
Powerful tornado tears across Nebraska, weather service warns of 'catastrophic' damage
Devastating tornadoes tore across parts of eastern Nebraska and northeast Texas Friday as a multi-day severe thunderstorm event ramped up in the central United States.