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Defence contends reasonable doubt as manslaughter trial ends in Nanaimo

Witnesses, shown photos, did not identify men charged in fatal stabbing
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Closing arguments began Aug. 2 for the trial involving Mark Jayden Harrison and Aiden Matthew Bell, each charged with manslaughter in the 2022 death of Fred Parsons.

As the trial closed, the defence for two people charged with a stabbing death at Nanaimo's waterfront say the evidence does not point to their clients.

Mark Jayden Harrison and Aiden Matthew Bell each face a charge of manslaughter after Fred Parsons, 29, was stabbed at Maffeo Sutton Park on Sept. 5, 2022, and died of his injuries. Closing arguments took place Friday, Aug. 2, at B.C. Supreme Court in Nanaimo, with Gloria Ng and Bobby Movassaghi, counsel for Bell and Harrison's respective legal teams, stating there is reasonable doubt.

In his closing submissions, Nick Barber, Crown counsel, contended that Bell and Harrison attacked a group of people, including Parsons, at the park, using bear spray and a knife. It was Harrison who started the attack, asserted Barber, and Bell who finished it, but regardless of who did what, they were both responsible for the death, Crown said.

Eltjo Schaeffer and a person whose identity is protected under a publication ban were two witnesses Crown called to the stand and while Ng and Movassaghi considered both credible, they questioned their testimony. The unnamed witness testified that a taller and shorter boy, as well as a female, were involved in the attack. 

There is no evidence as to who deployed the bear spray, Ng told the jury, as Schaeffer had been blinded after being sprayed and the unnamed witness was looking at Parsons's pet dog. It is possible that the person who used the bear spray also stabbed Parsons, Ng contended, and the two actions don't have to be mutually exclusive.

Ng also said there were many unanswered questions, including why there was no blood detected on a knife belonging to Bell that was collected as evidence. 

Movassaghi pointed to the fact that in a photo array, the unnamed witness selected a person with a dark complexion who did not fit the description of Harrison. In a similar fashion, Schaeffer also had photos presented to him, but did not choose Harrison. There was video evidence of Harrison carrying a shoulder-strap bag and none of the testimony pointed to anyone having a bag, Movassaghi noted.

A notable part of the Crown's closing submission was surveillance footage, including from a downtown parkade.

Kaitlyn Tourangeau was co-Crown counsel along with Barber. In addition to Ng, Bell was represented by Stephanie Head and Austin Nix. Along with Movassaghi, Kendra Waugh served as counsel for Harrison. The trial was held in front of justice Robin Baird and a 12-person jury.

The jury will reconvene Tuesday, Aug. 6, at which time Baird is expected to provide instruction to them.

Proceedings began July 22.

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Karl Yu

About the Author: Karl Yu

I joined Black Press in 2010 and cover education, court and RDN. I am a Ma Murray and CCNA award winner.
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