Saint John manslaughter trial stemming from one punch to face is now with the jury

Garrett Johnston's manslaughter case in Saint John is now in the hands of the jury. 

Mr. Justice Darrell J. Stephenson spent Wednesday morning giving final instructions to 13 jurors, before dismissing one. He sent the remaining 12 to deliberate shortly before 12:30 p.m. 

Over two weeks, the jury heard from 28 Crown witnesses, and two for the defence, including the accused, Garrett Johnston, 24. 

The case centres around an incident outside a Saint John strip club after closing time on Oct. 26, 2019. Johnston and the victim, Mark Baker, were strangers until their paths crossed outside Club Blush.

A video, entered as evidence during the trial, shows Baker talking to Johnston's group of friends near the entrance of the Sydney Street club before going out of the frame, followed a short time later by Johnston and his friends. 

What happened next was not caught on video, but in his opening remarks on Nov. 16, Crown prosecutor Jeremy Erickson said there's no dispute that Johnston walked up to Baker and — without either one saying anything — punched him in the face. 

Fourteen jurors were originally selected to hear the trial, but one was excused along the way because of "personal circumstance."

On Wednesday, Stephenson explained that the law allows a maximum of 12 jurors to deliberate. One was chosen at random and dismissed after the judge delivered his charge to the jury, but before deliberations began. 

In his charge to jurors, Stephenson said they should only rely on the evidence they heard in the courtroom. 

The judge then spent some time reviewing the evidence of each of the witnesses. He said it was up to jurors to determine the credibility of witnesses and how much weight to give to their testimony. He said they could believe some, all or nothing of what a witness said. 

He also detailed the legal principle of consent and intent and what jurors must consider in applying the law to this case. 

Stephenson said the Crown must prove that Johnston "unlawfully" caused Baker's death. Just because you cause someone's death doesn't mean it's unlawful.

He led them through a series of legal questions they must work their way through. For example, he said the jury has to consider whether Johnston applied force, which could include even a gentle touch. 

Since the punch is not in dispute, Stephenson said the jury could move on to the next question.