Rayner defence will call no witnesses
The defence will call no witnesses in the trial of John David Rayner, accused of murdering Chrystal Beairsto in Charlottetown in July 2002.
Rayner's lawyer, Chris Manning, told the judge early Tuesday afternoon he's decided not to call any witnesses. Rayner will not take the stand to explain any of the evidence against him, or offer an alibi for the night Beairsto was killed.
Under Canadian law the defence doesn't have to prove innocence. The onus is on the Crown to prove guilt.
The Crown concluded its case Tuesday morning with testimony from a second DNA expert.
Roger Frappier, of Toronto's Centre of Forensic Sciences, testified he was able to isolate the male DNA found at the murder scene from Beairsto's DNA. The forensic biologist told the court he was able to exclude more than 99 per cent of the male population, but he couldn't exclude John Rayner as the man whose DNA was found on the cord used to bind Beairsto's hands behind her back.
Frappier told the court he found the same man's DNA on Beairsto's knee and on one of her sandals.
DNA central to Crown case
From the beginning, the prosecution's case has rested largely on DNA evidence. No eyewitnesses or murder weapons were found, but investigators did find DNA on Beairsto's body, her belongings and near her body.
'It couldn't get there simply by touching Beairsto.' — Roger Frappier, Centre of Forensic Sciences
Last week, another DNA expert— Jeff Modler with the RCMP forensic lab— testified there were "strong indications" Rayner's DNA was on the cord used to tie Beairsto's hands behind her back. Modler, however, couldn't be more specific, because the DNA was mixed with Beairsto's.
Manning suggested that if it is Rayner's DNA on the cord, it got there by Rayner carrying Beairsto's backpack for her. Frappier told the court that's unlikely.
"It couldn't get there simply by touching Beairsto or her backpack," he said.
He did agree there was DNA from at least two men on the backpack cord. The sample from the other man wasn't large enough to analyze.
The two lawyers will make their closing arguments next week.