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

Just Posted

Police name second suspect, lay kidnapping and attempted murder charges in connection with Rudy Johnson Bridge incidents

Drynock is considered dangerous, do not approach him and call the local RCMP detachment immediately

Skeena-Bulkley Valley candidates react to finding Trudeau broke ethics law

The election campaign is heating up before the writ has even dropped

Links probable between homicide, missing persons investigation in Williams Lake

Rich ‘Savage’ Duncan the victim of Aug. 6 homicide

Heiltsuk challenges feds decision to award $67M contract to east coast towing company

Heiltsuk Horizon challenges decision to award emergency ship towing contract to Irving company

Jim Pattison takeover offer ‘non-binding,’ Canfor cautions investors

B.C. billionaire already big shareholder in forest industry

Disney Plus to launch in Canada in November

Analysts say latest streaming service may escalate cord cutting

B.C. manhunt suspects left cellphone video before they died: family

Family member says Kam McLeod, Bryer Schmegelsky recorded final wishes

Okanagan bus driver assaulted for asking patron not to smoke

59-year-old in hospital with non-life threatening injuries

B.C. sets rules for ride hailing, same minimum fee as taxis

Larger operating areas seen as threat by cab companies

Two hiking families team up to extinguish fire in B.C. backcountry

Children and their parents worked for three hours to ensure safety of the popular hiking region

Vancouver man arrested after pregnant woman’s SUV stolen, then crashed

Police are recommending charges against a 22-year-old Vancouver man

Elections Canada to assess ‘partisan’ climate change rhetoric case by case

People’s Party of Canada Leader Maxime Bernier has said climate change is not an emergency nor caused by human

Unseasonable snow forces campers out of northeastern B.C. provincial park

Storm brought as much as 35 centimetres of snow to the Fort Nelson, Muncho Lake Park-Stone Mountain Park

Most Read