The jury in a Moncton murder trial began hearing closing arguments from lawyers on Tuesday.
Riley Phillips, 20, is being tried on a charge of second-degree murder. It’s alleged he killed 18-year-old Joedin Leger in Moncton on April 25, 2022.
Defence lawyer Brian Munro said a close examination of the evidence in the case casts sufficient doubt on the Crown’s case that the jury can accept his argument of self-defence and acquit him.
“Riley Phillips did not intend to kill Joedin Leger,” Munro said, acknowledging that the shots Phillips fired caused Leger’s death.
Crown prosecutor Stephen Holt is expected to give his closing argument in the afternoon.
A photo showing tarps covering evidence outside 150 Logan Lane in Moncton after the shooting death of Joedin Leger on April 25, 2022. (RCMP/Court of King’s Bench exhibt)
The Crown alleges Leger was shot during a home invasion and robbery attempt committed by Phillips and involving five others.
However, Munro said physical evidence casts doubt on that version, noting there were no signs of forced entry.
Surveillance video that captured the sound of the shooting has no signs of yelling or a door being kicked in before the shots, Munro said.
As well, he said the pathologist testified there were no signs on Leger’s body to suggest he was shot at close range.
Munro told jurors they shouldn’t believe most of the testimony from the Crown’s key witness.
That witness, who cannot be named, testified he was part of the group that went to Leger’s Logan Lane home that morning. He was originally charged with murder, as well, but pleaded guilty to manslaughter and has already served his sentence.
“This is a witness you cannot trust,” Munro said, saying he testified about how he would use people and was prepared to do anything to get himself out of trouble.
That witness testified he was standing outside the duplex when he heard what sounded like Phillips kicking in the front door, almost immediately followed by gunfire.
The witness testified Phillips told the group that he had been shot by Leger, but that Phillips said he shot Leger four times.
A homemade gun found in Joedin Leger’s home that has been entered as an exhibit in the trial of Riley Phillips. The weapon had a .22 calibre casing inside. (Shane Magee/CBC)
Phillips, who testified last week, said he went there over a dispute about Leger smashing his aunt’s windows. Phillips testified Leger grabbed a gun and fired first, hitting his right hand.
Munro said the jury should review a series of messages entered as exhibits last week.
Some were sent by Leger, saying he was having a dispute with “Smokie,” a name used by Hunter England. The jury has heard England was the driver for the group on April 25.
Another series of messages were from England the day before Leger’s death. The first message said England was trying to find out who smashed his mother’s car windows. A second message from England later that day said he found out who it was and needed a drive.
“Don’t overlook those messages, they’re important,” Munro said, saying they contradict the Crown’s theory about a robbery.
Juror dismissed
Justice Robert Dysart told jurors Tuesday that one of the 13 members of the jury had been dismissed and they would continue with 12. Dysart said the dismissal had nothing to do with the case.
Dysart is expected to give instructions on the law to the jury on Wednesday.
