Burns Lake man found guilty of second-degree murder

Judge says murder is the only rational conclusion on the whole of the evidence

A B.C. Supreme Court justice has found Albert Giesbrecht guilty of the May 18, 2017 second-degree murder of Raymond Bishop.

Justice David Crossin delivered his verdict at the courthouse in Smithers this morning.

During the six-week trial, which took place over three sessions between January and March, the Crown painted a picture of an abusive man consumed by bitterness and jealousy over his divorce from his ex-wife Susan Giesbrecht.

READ MORE: Giesbrecht murder trial concludes

On the morning of May 18, 2017, the prosecution said, Giesbrecht took the ferry from Burns Lake to Southside with the intent of criminally harrassing Susan and/or Bishop. According to the Crown’s theory, in pursuit of that “unlawful object” a confrontation between the two men ensued and Giesbrecht shot Bishop with a 30-30 rifle.

The defence did not dispute that Bishop died by Giesbrecht’s hand, but presented an alternate theory that the firearm discharged accidentally when Bishop attacked Giesbrecht. Terry La Liberte, Giesbrecht’s attorney, said that was just one possible scenario that was just as plausible a theory and as such the Crown’s evidence did not rise to the level of beyond a reasonable doubt required to prove murder.

In the end, Crossin said he did not accept the Crown had proved beyond a reasonable doubt that it was in pursuit of the unlawful object of criminal harrassment that Giesbrecht killed Bishop.

However, the judge concluded that, on the whole of the evidence, the Crown had met its burden.

“In my view the Crown has proven beyond a reasonable doubt that the accused intentionally shot Mr. Bishop, has proven his motive for doing so,” Crossin said. “I’ve concluded that on all the circumstances, the only rational conclusion is the accused so discharged his weapon intending to cause [Bishop] bodily harm that he knew was likely to cause death and he was reckless whether death ensued or not. There is no other rational conclusion available on the whole of the evidence that has been placed before me.”

The mandatory sentence for second-degree murder is life in prison. The judge adjourned the case to May 31 to fix a date to determine parole eligibility.



editor@interior-news.com

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Skidegate Saints return to top of the Seniors Division with comeback effort against Metlakatla AK

Jesse Barnes wins MVP as Saints get revenge on Alaska side in All Native finale

Haida Gwaii teams well in contention at All Native

Haida Gwaii teams well in contention at All Native

Northern Health recommends self-quarantine for people returning from Hubei

The healthcare provider said it isn’t neccessary for healthy children to wear face masks

Wet’suwet’en return to camps near Houston, Coastal GasLink workers move through: First Nation

Opponents of a pipeline who support the Wet’suwet’en hereditary chiefs have reoccupied camps at centre of arrests

Man hooks massive fine fishing in MPA of Haida Gwaii

Fishing in a glass sponge of coast of Haida Gwaii reef nets a large fine

VIDEO: Minister reports ‘modest progress’ after blockade talks with First Nation

Wet’suwet’en hereditary chiefs say Coastal GasLink does not have authority to go through their lands

#FoxForFiver: Support grows in B.C. to put Terry Fox on new $5 bill

Terry Fox’ Marathon of Hope raised money for cancer research

Registration opens soon for BC 55+ Games in Richmond

2020 55+ Games have been officially scheduled for Sept. 15 to 19

Trudeau confers with cabinet ministers as rail blockades continue

The Trudeau government has been criticized for not doing more to end the blockades

Canadian nurses’ unions warn national standards for coronavirus protection too low

President says safety protocols nationwide are inadequate compared to those in Ontario and other countries

Murder of sex worker exposes Canada’s hypocrisy on prostitution: advocate

A 2014 law made purchasing sex or benefiting from the selling of sex illegal

Over a dozen birds found mysteriously dead on rural B.C road

Ministry of Agriculture notified of the strange occurrence on No. 4 Road in Abbotsford

B.C. men arrested after theft of heavy equipment leads to highway blockade

One man surrendered to police while the other was taken into custody the next morning, RCMP say

Most Read