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It was a short court day Wednesday for parties involved in the Calgary manslaughter trial of city man Collin Dean Oxtoby as the defence closed its case without further evidence.
Defence lawyer Jim Lutz told Court of King’s Bench Justice Michele Hollins he had considered calling a neuropathologist but decided against it.
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“For Mr. Oxtoby we’re not calling any further evidence,” Lutz said.
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The lawyer said he had been in touch with Crown prosecutor Gord Haight on Tuesday evening so he would not have to continue preparing for the doctor’s cross-examination.
“I called him and indicated I would not be calling Dr. (Jeffrey) Joseph.”
The neuropathologist’s name came up in the testimony of Chief Medical Examiner Dr. Akmal Coetzee-Khan, who said he relied on a report from Joseph in preparing his autopsy report.
Coetzee-Khan said alleged homicide victim Kevin Honish died July 16, 2022 from a severe brain injury caused by blunt trauma.
Coetzee-Khan said two crescent shaped marks on the deceased’s head could have been caused by blows with a hammer.
It’s the Crown’s theory Oxtoby attacked Honish, his then roommate, in their southeast residence on July 8, 2022, striking him at least twice in the head with a hammer.
Honish was hospitalized several hours after Oxtoby evicted him and the dead man’s then-girlfriend, Julianna Ballantyne.
Ballantyne testified that when they left the Albert Park home Honish was bleeding heavily from his head.
But the only witness called by Lutz on behalf of his client, Oxtoby’s former fiancé, Rachel Harkiss, contradicted Ballantyne’s evidence.
Harkiss testified on Tuesday that she had just entered the living room when she heard Oxtoby tell Honish he would have to leave.
“He left our house fine,” she said.
“There was nothing wrong with him.”
Lutz and Haight will make final submissions before Hollins on Thursday.
X: @KMartinCourts
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