Lawyer argues lack of detail not fatal to defence that homicide wasn’t intentional

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“If Mr. Wardale didn’t say something during the three times he described this incident to the police, does that mean it didn’t happen the way he scribed it to the court?” Iovinelli said, in seeking a manslaughter conviction.

He said when asked about the possibility of his DNA at the scene, Wardale said it may have been left on a piece of the mask he was wearing during the robbery, or under Hepher’s fingernails while they were struggling.

“We know for a fact Mr. Wardale left blood there,” he said.

“That was left out, I submit to you, because he didn’t tell the whole story.”

But Crown prosecutor Gord Haight argued Wardale’s actions spoke to his intention.

Wardale admitted going to Hepher’s northwest Calgary suite sometime between Feb. 28 and March 4, 2001, to rob him of cash in the hope of paying down his outstanding mortgage.

Armed with a handgun and wearing an “old man” Halloween mask, Wardale barged into Hepher’s home and demanded he lie down so he could be bound with duct tape.

Instead, Hepher fought back and during the struggle the gun went off, shooting him in the head, Wardale said.

Haight said it was clear from Wardale’s statements to police — two to undercover operatives and one to Det. Iwan Munnikhuis — he shot Hepher intentionally after the deceased ripped off his mask and could identify him.

“He says this exact phrase three separate times,” Haight told Nixon.

“I pulled the trigger.

“The accused makes clear not only his intention, but the reason for killing Mr. Hepher,” Haight said.

Nixon will hand down a verdict next month.

KMartin@postmedia.com

Twitter: @KMartinCourts

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