On Jan. 25, 2020, police were called to Amber Apartments, a 24-year-old woman was found suffering from multiple stab wounds. (Nigel Maxwell/ paNOW Staff)

By Nigel Maxwell

Crime

Guilty verdict in Midtown stabbing case

Oct 27, 2020 | 2:00 PM

Despite a key witness’s failure to testify and no evidence to prove blood found on a stained sock belonged to the victim, a Prince Albert judge said she was satisfied the Crown had proven its case beyond a reasonable doubt.

Courtney Faye Dillon, 33, has been guilty of aggravated assault in connection to an incident at a Midtown apartment building last January.

The victim, a 24 year old woman, was found by police in a bathroom of one of the apartments, with puncture wounds to her neck and abdomen areas.

According to evidence heard during the trial, police gained entry to the apartment after kicking down the door, which subsequently fell on Dillon who had been sitting behind it, and lying beside her was a large kitchen knife. Police also noted the door had been fortified by what appeared to be a metal pipe. Dillon and the victim were the only people found in the small apartment.

Closing arguments in the trial wrapped up Tuesday morning at Prince Albert Provincial Court. Crown lawyer Mary Ann Larson noted there was no evidence presented to suggest an act of self-defence, defense of property or an act of self-harm. She also said one of the key piece of evidence in the case was the victim who showed no signs of intoxication was able to identify her attacker to police.

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While acknowledging there were people in the hallway when police arrived, Larson also dismissed any suggestion they could have been involved beyond being curious bystanders.

“I don’t think its fair to assume these people were suspects,” she said. “No one but the accused had blood on them.”

Defence lawyer Jock Kriegler argued the credibility of the victim’s statement should raise questions given that she did not testify in court, and so there was no ability for the defence to test for a possible motive to fabricate a statement. Kriegler also argued neither the knife, nor a sock with a red stain on it, were tested.

“It could have been a stained sock that’s been there for months,” he said, adding it was suspicious that for such a violent crime there was no blood splatter found on the knife nor any other clothes Dillon was wearing.

“There is still a lot of uncertainty what happened that night. The court must be sure,” he said.

In response to the defence’s comments about the victim not testifying, Larson explained it was not a matter that the victim refused to cooperate, it was more a matter she could not be found, citing the woman’s transient history.

After taking a brief adjournment to review the evidence, Judge Felicia Daunt returned with a guilty verdict. While acknowledging the burden on the Crown to prove its case beyond a reasonable doubt, Daunt said she was satisfied the only reasonable conclusion to draw was that Dillon stabbed the victim.

“It is true that the defence did not have an opportunity to cross examine [the victim], on the other hand her statement was made in circumstances such that the possibility of fabrication of the statement is remote,” she said.

The sentencing hearing has been scheduled to take place Nov. 25 to provide time for a pre-sentence report to be prepared. Typically the reports, which provide the judge with background on an individual’s history, can take up to four weeks to prepare.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell