"Skate with your head up" judge cautions defence at Fertuck murder trial
CBC
The Greg Fertuck murder trial took a dramatic turn Wednesday morning when one of the accused killer's lawyers accused the Crown of prosecutorial misconduct.
It happened as a key Crown witness was wrapping up his testimony. Defence lawyer Morris Bodnar has just completed his cross-examination of the undercover police officer who got Fertuck to disclose — on hidden camera — that he'd killed his wife Sheree six years ago.
Greg is on trial charged with first-degree murder in the death of Sheree Fertuck, who disappeared on Dec. 7, 2015.
The 51-year-old mother of three went missing after heading to work at the gravel pit near the small town of Kenaston, south of Saskatoon. Her truck, jacket and cellphone were found there the next day. She has not been seen or heard from since.
Although Greg told undercover police that he shot her and dumped her body in the country, he later changed that story and has pleaded not guilty.
Police drew out the admission by posing as criminals in a technique known as a "Mr. Big" sting. None of the officers involved in the operation can be named because of a court-ordered publication ban.
Justice Richard Danyliuk is presiding over the judge-alone trial and he has yet to determine whether the evidence from the sting is admissible in Fertuck's trial.
Prosecutor Cory Bliss was re-examining the undercover officer on whether he had any concerns with Fertuck's ability to read and understand a fake memo prepared by police that was used in one of the scenarios.
It was just after Bliss finished his re-examination of the officer — who played Mr. Big — that Bodnar's co-counsel Mike Nolin rose to speak. This was unusual because Bodnar had handled the cross-examination and lawyers do not typically switch off in this fashion.
"Did you and the prosecutor discuss your testimony yesterday afternoon?" Nolin asked the officer.
"No, my lord," the officer answered.
"I'll leave it for argument, my lord, but I find it fairly convenient that, given the question my friend asked that ... the witness had the response at the ready," Nolin said.
This prompted Bliss's co-counsel Carla Dewar to rise.
"I find that comment to be extremely objectionable," she said.
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