The case went to the seven-woman, five-man jury after they received about three hours of instructions from Chief Justice Joseph Kennedy. He reminded them that while he charged them on the legal principles to apply in their deliberations and also reviewed some of the evidence with them, they are the ultimate finders of fact.
“I think it’s time to pull the plug,” Kennedy said, at the end of the day. “That would mean a good meal and a good night’s rest.”
It is alleged that Landry and the other crew members of the lobster fishing vessel the Twin Maggies got into an on-water altercation with Philip Boudreau on June 1, 2013 on Petit-de-Grat Harbour, which resulted in the death of the 43-year old Petit-de-Grat resident. They suspected he was tampering with their traps.
The jury has three possible verdicts — to find Landry, 67, guilty of second-degree murder, guilty of manslaughter or not guilty.
Kennedy noted there are five elements of the case that must be proven by the Crown to find guilt beyond a reasonable doubt of second-degree murder. The first two, the identity of the accused and the time and place where the offence is alleged to have occurred, are not in dispute. From there, the Crown must have shown that Landry committed an unlawful act, that that act caused Boudreau’s death or significantly contributed to it. Finally, it must have proven that when he committed the unlawful act causing Boudreau’s death that he did so intending to kill him, or that he knew he was performing an act that was likely to cause death.
“If you were to decide that Philip Boudreau’s death was a natural consequence of James Landry’s actions, you are entitled to conclude that James Landry intended to kill Philip Boudreau by those actions,” Kennedy told jurors.
He noted Landry stated his intentions in his own sworn videotaped statement to police, when he said he had wanted to get rid of Landry.
“When asked by the officer, ‘what does get rid of mean?’ and he says ‘Kill him, or whatever,’” Kennedy said.
The Crown has alleged that Landry shot at Boudreau several times and gaffed him and pulled him out to sea, both of which would be unlawful acts, Kennedy said. The Crown also alleges that Landry issued directions as boat captain Dwayne Samson, his son-in-law, ran over Boudreau’s boat. He is also alleged to have participated in tying Boudreau to an anchor and dumping his body at sea. Boudreau’s body has never been found.
Landry has acknowledged shooting at Boudreau up to four times.
Kennedy also instructed the jury on the lesser included offence of manslaughter, which they are only to consider if they find Landry not guilty of second-degree murder. Under manslaughter, the Crown must prove an unlawful act occurred but the intent to cause death doesn't have to be proven.
Kennedy noted that, in a theory of its case submitted to him, the Crown argued that Landry said that he wanted to kill Philip and he did, that he wanted to get rid of him and he did, that he wanted to hide his tracks and he did.
The defence, however, stated that the only evidence that can speak to how Boudreau died came from Landry himself and fellow deckhand Craig Landry, and defence lawyer Luke Craggs has argued that Craig Landry is not credible. The defence has argued that James Landry was willing to take the blame to protect others and he was trying to scare Boudreau when he shot at him.
Kennedy said Craig Landry’s credibility is central. Craig Landry and James Landry’s daughter Carla Samson both face accessory charges. Dwayne Samson faces a count of second-degree murder.
The Cape Breton Post will continue to provide live updates of the court proceedings at capebretonpost.com when jury deliberations begin again Saturday morning.
