"Murder case in jury's hands: Must decide whether there was intent to kill"
The Gazette, April 7, 2006
Martin Morin-Cousineau's fate is now in the hands of 12 people.
Superior Court Justice Claude Champagne gave his instructions to the seven-man, five-woman jury yesterday before they were sequestered to decide whether Morin-Cousineau is guilty of second-degree murder.
Morin-Cousineau, who turned 32 yesterday, claims his live-in girlfriend Kelly-Anne Drummond died accidentally in 2004.
If the Crown has not proved beyond a reasonable doubt he intended to kill her, the judge told the jurors, they must acquit the former travel agent.
The Crown contends Morin-Cousineau stabbed Drummond, 24, on purpose because he didn't want her to leave him.
The couple had been arguing in their Pierrefonds apartment on Oct. 3, 2004, over $30 owed to the landlord. Morin-Cousineau, who was eating dinner in the living room, got tired of Drummond's "nagging" and threw his hands in the air, the three-week trial was told.
A fork fell out of his right hand and the steak knife in his left hand flew into the air. The defence theorizes the knife hit Drummond in the back of the neck, causing her to slip on a 7up bottle and fall against the oven door. The fall then pushed the 9.5-centimetre blade into Drummond's spinal cord, cutting off her breathing.
She died two days later.