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

Affordable housing project sees completion

“We’re pleased we’re going to be starting off with pretty much full occupancy.”

Back in Time

Historical Perspective

Only in Canada, Eh?

Zamboni navigates the roundabout

Shamanic dog training comes to Clearwater

The Shamanic Dog Training Retreat helps owners teach with trust, understanding and freedom

New police force in Surrey must avoid VPD, RCMP errors made in Pickton case: Oppal

Boots are scheduled to be on the ground by spring 2021

Conan turns to the Property Brothers for tips on buying Greenland

Jonathan Scott suggests removing glaciers and mountains to bring in ‘more natural light’

Forests minister visits B.C. town hit by multiple mill shutdowns

A third of Mackenzie turns out for rally, not much to cheer about

B.C. sockeye returns drop as official calls 2019 ‘extremely challenging’

Federal government says officials are seeing the same thing off Alaska and Washington state

B.C. music teacher accused of sexual misconduct involving girls

Police believe other victims could be out there after the arrest of Lamar Victor Alviar

B.C. family stranded in Croatia desperate to come home

Funds being raised to bring back mom and two children

B.C. man on trial for daughters’ murders says an intruder broke in

Andrew Berry takes stand in his defense for December 2017 deaths of young daughters

‘Plenty of time for a deal’: Teachers’ union expects kids back in school on Sept. 3

BCTF says class size, composition at the heart of the issue

Most Read