Crown, defence offer closing arguments in Moncton murder trial

Jurors in a Moncton murder trial heard closing arguments Tuesday, with the defence suggesting Riley Phillips be acquitted because he acted in self-defence and the Crown saying his actions created the situation that led to Joedin Leger's death. 

Phillips, 20, is being tried by a judge and jury on a second-degree murder charge. It's alleged he killed Leger, 18, in Moncton on April 25, 2022. 

Crown prosecutor Stephen Holt told the 12 jurors that it was Phillips's actions that led to Leger's death and that he had the required intent to be convicted of murder. 

Holt said Phillips went to Leger's home with five others in a borrowed car at 6 a.m. that day, dressed in black and a full-face motorcycle helmet, while armed with a loaded revolver.

"That evidence proves beyond a reasonable doubt that the accused's use of force was not reasonable in the circumstances," Holt said. "But for what he did, we wouldn't be here."

Holt conceded the jury could infer Leger fired his homemade gun first at Phillips, but said shooting Leger several times in the chest doesn't mean he was acting in self-defence. 

"It was Joedin Leger who was defending himself. Joedin Leger who was defending himself in his own home," Holt said to the jury. 

Earlier in the day, defence lawyer Brian Munro said a close examination of the Crown's case casts sufficient doubt to acquit Phillips. 

"Riley Phillips did not intend to kill Joedin Leger," Munro said, acknowledging that the shots Phillips fired caused Leger's death. 

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. 

Holt later acknowledged the lack of evidence of forced entry, saying Phillips could have pushed it open after Leger unlocked it. 

Munro 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. 

Holt told jurors that the witness was telling the truth and was testifying to try to help Leger's family get justice.

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. 

Holt spent much of his closing argument focused on the believability of Phillips's testimony, saying it sounded like a "memorized" version. 

"He just kept going back to what he decided he wanted to say," Holt said, describing it as rationalizing his behaviour after the fact. 

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. 

Later, Holt said the messages don't actually help the defence but cast Phillips' actions in a more "sinister" light, noting Phillips sought to disguise his face and walked in with a loaded gun.

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. Once that is complete, jurors are expected to begin deliberating.