Joseph Thauberger arrives at Court of King's Bench in Regina on Thursday July 27, 2023. A judge has found the Saskatchewan man guilty of second-degree murder in the death of his brother nearly 26 years ago. THE CANADIAN PRESS/Michael Bell

By Jeremy Simes, Canadian Press

Saskatchewan man convicted of killing brother 26 years ago over farm dispute

Jul 31, 2023 | 10:30 AM

Barbara Hayes says she may now have a chance to heal after the man she once called her husband was found guilty of second-degree murder over the death of his brother.

Hayes, speaking in Court of King’s Bench in Regina on Thursday, said she lived for so long knowing Joseph Thauberger had killed Patrick Thauberger. It left her stressed and paranoid for the past 26 years.

“I want to start my new life tomorrow,” said Hayes, who believed her ex-husband would kill her if she spoke out years ago.

“I want these tremors to stop. Most of all I want Joe to pay for his crimes and I want justice for Patrick. I hope I can put Pat begging for his life deeper into my brain, so that while I will never forget it, I won’t wake up to ‘no, no, no’ every morning. I want peace. It will take time for me to heal but I now believe it’s possible thanks to the court’s decision.”

On Thursday, Court of King’s Bench Justice Janet McMurty convicted Joseph Thauberger, who is now 80, of second-degree murder over his brother’s death in September 1997.

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The judge also convicted him of offering an indignity to human remains.

He has received an automatic life sentence and is to be eligible to apply for parole in 10 years.

Patrick Thauberger, who was 53 when he died, lived in St. Albert, Alta., located outside Edmonton. He was a psychologist.

Police found his remains in a farm pond nearly three years ago at a farm outside Regina, helping officers crack what had been a cold case.

In September 1997, Patrick Thauberger was travelling to Edmonton from Winnipeg, but made a stop in Regina to visit family.

Court heard evidence that the brothers were in the Regina home of Joseph Thauberger when he hit his brother on the head and strangled him.

McMurty said Thauberger dismembered his brother’s skull and limbs then disposed of the body parts, possibly with a tractor, at a farm east of Regina.

Hayes had been in the basement during the killing. She testified she heard a large bang and Patrick Thauberger saying “no, no, no” from upstairs, followed with silence.

The judge said Joseph Thauberger’s claims that his brother died after accidentally falling down the stairs are “preposterous on their face.”

“I must conclude that it would be foolhardy to rely on anything the accused has said, in testimony, or elsewhere.”

The judge said Thauberger made it clear on various occasions that he wanted to stop his brother from selling the farmland.

Hayes, as well as another brother, James Thauberger, told court Patrick had owned the land but that Joseph did the farm work.

James Thauberger said Joseph had been a beneficiary of Patrick’s pension plan.

On Thursday, Hayes described her ex-husband as a man who only cared about money.

“His favourite saying is, the richest man in the graveyard wins,” she told court during her victim impact assessment.

Several family members also offered victim impact statements, their voices breaking as they spoke.

Some described the sense of pain they felt not having answers for so long.

Police had conducted an undercover operation in 2020 on Joseph Thauberger to seek information regarding the killing. That is when he told an undercover officer he had killed his brother.

Hayes had been taken into custody for questioning that year but was not charged.

Thauberger, thin with white hair, sat in court in a wheelchair with an oxygen tank as the verdict was read. At times, his head was lowered all the way down to his lap, with his head in his hands.

When he was given a chance to speak, he appeared to suggest he was innocent of murder.

He said he thought he would only be found guilty for the indignity charge.

“Looking back over my history, I would do exactly the same thing. I would cover it up, because if I hadn’t covered up his death, I’m certain I would have gone to jail, just like I’m going to jail now,” he said.

McMurty said Thauberger continues to give no thought to what had happened and what he caused to his family.

“I couldn’t possibly understand how awful it has been,” she told court.

The Crown had sought a first-degree murder conviction, but the judge said she could not be certain the killing was calculated.

“Rather, there is a reasonable possibility that Patrick’s murder was impulsive, after negotiations failed,” McMurty said in her decision.

Crown attorney Adam Breker said he’s satisfied with the outcome.

“After all this time, there’s been little justice in this case with a conviction for murder,” he told reporters. “It’s obviously a difficult case for all those involved.”

Defence lawyer Tyne Hagey with Legal Aid Saskatchewan said Thauberger has 30 days to appeal and it will be up to him if he chooses to do so.

This report by The Canadian Press was first published July 27, 2023.