REGINA -- Jason McKay’s lawyer asked the judge to consider a manslaughter conviction, as closing arguments took place in the second-degree murder trial on Tuesday.

McKay is charged in the 2017 death of his wife, Jenny.

jenny mckay

The defense

McKay’s lawyer, Thomas Hynes, said his focus is on the “thought process, or lack thereof, that lead to Jenny’s death.”

He called Jenny’s death a tragedy.

In order to find him guilty, the crown must prove beyond a reasonable doubt that Jason McKay committed an unlawful act, that the unlawful act caused the death and that Jason had the intent required.

“There’s no question that he committed an unlawful act,” Hynes told the judge.

Hynes pointed to evidence of a struggle between Jenny and Jason. He cited bruises on Jenny’s knuckles and Jason’s ripped shirt. The defense submits that Jason had no appreciation for the consequences of his actions given his impairment via medication and alcohol.

To prove the intent required, the Crown must prove that Jason McKay acted with the intention to kill Jenny, or harm her in a way that would likely result in death.

Hynes suggested Jason became enraged with Jenny and killed her “quickly”, then passed out. Hynes speculated that when Jason awoke he realized she was dead. In shock, he watched her for two hours and took photos of the body.

“Jason McKay must have been so low functioning, so bizarre in terms of behaviour and sequence that there has to be a doubt as to specific intent,” Hynes said.

The Crown

Crown Prosecutor Adam Breker said that this case is a simple one.

Breker said Jason aimed to “confuse, distort and distract” with his evidence, and that the defense is asking the judge to ignore Jason’s testimony in favour of the events Hynes presented on Monday.

Breker recalled evidence that Jason was advised not to consume alcohol while taking the antidepressant Sertraline, however he was drinking “more than ever”.

Bruising around Jenny’s face and head suggest blows from something other than a knife, the Crown said. Breker suggested multiple knives were used in the killing. “The person who did this act, Jason McKay could only have intended one thing.”

Multiple knives were found, broken, at the scene.

Breker said Jason paused to take photos of the body before carrying on, as the body was not as police found it in the photos on Jason’s phone.

Breker said there is no evidence, medical or otherwise, to support the claims made by Jason on the stand.

“This can and should be rejected as a guilty minded man saying whatever he can to get this thing down to manslaughter.”

A verdict is expected on Friday afternoon.