Lawyers for Coutts border blockade defendants say Crown overreached with conspiracy to murder charges

Both defence lawyers in the Coutts border blockade trial said they believe the Crown overcharged and a legal expert agrees with them.

Both defence lawyers in the Coutts border blockade trial said they believe the Crown overcharged their clients and a legal expert agrees with them.

Following the late-night Friday acquittal of her client Chris Carbert, on charges of conspiracy to murder RCMP officers, counsel Katherin Beyak said the jury got it right.

"The jury put in a lot of hard work and came to the right decision on the (conspiracy to commit) murder charge," said Beyak. "I think it was an overcharge to begin with and I'm glad they came back with the verdict they did."

Marilyn Burns, who represented defendant Anthony Olienick, agreed: "I've never believed since I took on this file that were was evidence that would support a finding of guilt in that (conspiracy to commit murder), so it's always a tremendous relief of course. But it's not surprising: we had a very thoughtful jury that took plenty of time to think it over."

Both men were convicted on lesser charges of mischief and possession of weapons for a dangerous purpose. Olienick was also convicted of possessing a pipe bomb.

Mount Royal University criminal justice professor Doug King said he believed the Crown overplayed its hand in anticipation of a plea deal that never materialized.

“It’s a hard conviction to begin with,” King said, “because a conspiracy involves a plan. A threat is not a plan. An idle threat is not a plan.