Montreal Lake man walks free after manslaughter trial

The trial detailed many people neglecting Stamp when they passed him lying on the street early that morning.

Mills recounted that testimony when he returned with his not guilty verdict on Friday.

Mallow Bird was the last man to see Smith and Stamp together. He testified that both men were very drunk after they spent time drinking at his house, to the point Bird wanted Stamp to stay the night at his place instead of walking home.

“He said they were getting along fine when they left,” said Crown prosecutor Cynthia Alexander.

In Justice Mills’ verdict, he pointed out it appeared that Stamp and Smith had a friendship.

Between the two men leaving the home around 3 a.m. that morning, and around 5 a.m., Stamp ended up laying on the street in Montreal Lake, still breathing but fatally hurt.

Trial testimony, according to Mills, stated it’s “not an unusual sight to see someone passed out on the road” in the community. While many people saw Stamp there, it took many people passing by for one of them to finally stopped.

It was observed he was still breathing, and had a cracked nose.

Many of the people who testified were admitted they were intoxicated that summer night, which can factor into a judges’ consideration “of whether they are able to recall thing correctly and whether they are credible witnesses,” Alexander said.

Stamp was taken to a local clinic and was transferred to Saskatoon’s Royal University Hopsital where he died of his injuries a few days later.

The forensic pathologist determined Stamp had been hit and fell from a substantial height, then cracking his skull.

Alexander had used opinion evidence from the pathologist that a mop found near Smith’s house may have dealt the fatal blow.

Justice Mills pointed out there were other things that could have caused the injuries found during the autopsy, such as furniture.

Overall, the evidence – or lack thereof – proved to be a challenge for the Crown.

“There weren’t any eyewitnesses and so this is all a case that’s based on what people who come along after the fact can say. There wasn’t any physical evidence such as DNA, to link the two of them – the deceased and the accused – together. So it did depend on inferences being drawn and was a circumstantial case,” Alexander said.

While Smith gave a statement to police on July 28, 2012 in which he expressed remorse in a very general way, but according to defence council Greg Chovin, “the statement did not serve to fill in the gaps that existed in the other evidence.”

In his ruling, Justice Mills stated while it’s possible Smith pushed Stamp, which led to a cracked skull that caused Stamp’s death, Mills has a “nagging, lingering doubt.

“That was ultimately the difficulty I think that confronted the court, is that there are a lot of pieces of that night that simply weren’t in evidence. And that, I think is what led to the verdict of Justice Mills. There’s just too many pieces missing quite frankly,” Chovin said.

Smith had been in custody for 17 months at Prince Albert Provincial Correctional Centre.

On Friday morning, a family member started crying as a guard explained Smith would be freed from the shackles around his ankles and leave the court a free man.

“It feels go to be free, and that all I can say,” Smith said as he stood with his sister outside Queen’s Bench court.

He said his family supported him throughout the court process.

claskowski@rawlco.com

On Twitter: @chelsealaskowsk

by Chelsea Laskowski

Montreal Lake man walks free after manslaughter trial

What's Trending