Judge to provide decision regarding evidence in McKay trial
Jenny McKay, 33 at the time of her death, was killed in Regina in Sept. 2017. (Source: P&K Macdonald)
REGINA -- The second degree murder trial for a man accused of killing his wife entered its second week, with the crown and defense arguing what evidence should be admissible in the trial proper.
Jason Daniel McKay is charged in the September 2017 death of his wife, Jenny McKay.
Last week, many of the witnesses and evidence brought forward was under a voir dire, or a trial within a trial, which means the judge must decide which evidence will be considered as part of the trial.
On Monday, Crown prosecutor, Adam Breker, argued evidence introduced under a voir dire should be allowed. This evidence includes testimony from Jason’s daughters and several police officers regarding an incident on Aug. 27, 2017, a video of Jason McKay in a police cruiser, a 911 call from Jenny on Aug. 27, 2017, texts between Jason and Jenny and entries from Jenny’s diary.
Breker said all the evidence is relevant, as it shows animosity between Jason and Jenny, and a potential motive for Jason to murder Jenny.
“Much of the evidence is reliable and corroborated,” Breker told the court on Monday. “Ante-mortem statements show Jenny’s fear and state of mind the week prior to her death.”
Defence attorney, Thomas Hynes, asked the court to consider whether Jenny’s diary, texts Jenny sent Jason, or testimony regarding what Jenny had told others was reliable, as she was an addict.
“Our concern is that Jenny is an unreliable narrator because of her drinking,” Hynes said. “Does she need to remove herself from the home to separate herself from Jason and their drinking habits? Or is it because of her fear of Jason?”
Hynes added that he cannot cross-examine Jenny on these questions, as she isn’t alive to answer them, therefore this evidence shouldn’t be admitted into the trial proper.
The Crown’s final witness appeared before the court on Friday. Hynes hasn’t said yet whether he will call evidence on his client’s behalf.
The judge is expected to reserve his decision on Wednesday regarding what evidence he will allow into the trial proper.