The defence lawyer for one of the men accused of killing Martin Payne called on a jury to acquit his client as he called the CrownB次元官网网址檚 argument against James Lee Busch weak and speculative.

The Crown on Monday tasked the jury with finding Busch guilty of first-degree murder, but Ryan Drury said the evidence presented over the last month shows there would be a reasonable doubt the escaped inmate couldB次元官网网址檝e committed the July 2019 killing.

Busch and Zachary Armitage were charged with first-degree murder following their William Head prison escape, but the latter of the accused men was removed from the trial as the jury heard heB次元官网网址檚 been dealt with in a separate way.

The evidence showing Busch was an active participant and assailant is inconclusive and the CrownB次元官网网址檚 narrative of what transpired in PayneB次元官网网址檚 Metchosin home is circumstantial, Drury argued in his closing address.

He presented a four-part defence on Dec. 13 and 14, which includes: the case is built on circumstantial evidence; thereB次元官网网址檚 insufficient evidence to meet first-degree murder requirements; there was minimal forensic evidence against Busch but an overwhelming case supporting Armitage committing the murder alone; and the Crown fell short of showing Busch was guilty beyond a reasonable doubt.

Drury ultimately drew three possible conclusions from evidence: that Busch was never in the home; that he was at the home but had no involvement in the murder and he was just B次元官网网址渋n the wrong place at the wrong timeB次元官网网址�; and that his only role was assisting in cleaning up a crime scene that Armitage had solely committed.

His B次元官网网址渃ircumstantialB次元官网网址� argument seemingly relied on how there could be no direct eyewitness since the victim was killed.

B次元官网网址淣o one has given any evidence that they saw Mr. Busch do anything at Mr. PayneB次元官网网址檚 residence, no one has even given any evidence that they saw Mr. Busch inside Mr. PayneB次元官网网址檚 residence,B次元官网网址� Drury said.

While the Crown said the jury could use evidence to draw inferences that connect how a planned ambush played out, Drury said the same evidence could lead to inferences that Busch was innocent.

The lawyer pointed to ArmitageB次元官网网址檚 fingerprints and DNA being found in the home and witnesses testifying how he was making calls from PayneB次元官网网址檚 landline, while the only thing placing Busch at the home was DNA on some underwear and shoes.

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That related to DruryB次元官网网址檚 third argument, where he concluded the evidence was overwhelming that Armitage alone was responsible for PayneB次元官网网址檚 death. He recalled how ArmitageB次元官网网址檚 DNA was found on the inside of bloody clothing, Asics shoes and on chewed gum left in the main bathroom where a hatchet and bowie knife were found.

A major crutch of DruryB次元官网网址檚 argument was that the Asics shoes had much more blood all over them compared to a pair of New BalanceB次元官网网址檚 B次元官网网址� which held BuschB次元官网网址檚 DNA and were linked to a footprint left in the ensuiteB次元官网网址檚 bloody floor. He said the shoes prove Busch couldnB次元官网网址檛 be in close proximity to Payne when the 60-year-old was being struck.

B次元官网网址淒o you think for a moment that these shoes would be so utterly lacking in blood if Mr. Busch was wearing them when he had committed a homicide, hitting Mr. Payne in the head with a hatchet or stabbing him with a knife?B次元官网网址�

Defence said the New Balance shoes alone prove a reasonable doubt and are a B次元官网网址渞oadblock to convicting Busch.B次元官网网址�

Crown said the bigger Payne could not have been attacked by a lone assailant as witnesses said his wounds came from the front and back, with at least three weapons. Drury refuted that, saying Armitage B次元官网网址� armed with the multiple suspected murder weapons B次元官网网址� could have overcome Payne and inflicted the myriad of wounds.

B次元官网网址淲e say the evidence simply does not allow you to figure out what happened,B次元官网网址� Drury said.

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