FATHER ON TRIAL IN DEATH OF DAUGHTER'S PARTNER

Dad Accused Of ShootingYorkton Man Multiple Times In Alleged Drug House

YORKTON -- The long-awaited first-degree murder trial of a Yorkton
man accused killing the man his daughter lived with finally began
Tuesday in Court of Queen's Bench.

The father, 50, is accused of entering what a police officer
acknowledged was a known drug house and shooting to death 24-year-old
James Hayward in front of his daughter on March 17, 2003.

In his opening statement, Crown prosecutor Daryl Bode said he would
call witnesses to the stand who would testify about the father's
actions that day, including how he came Hayward's Yorkton home,
produced a gun and shot Hayward multiple times, including once in the back.

"Consider these actions," Bode told the eight-woman, four-man jury.

"They were planned and they were deliberate."

The first Crown witness was RCMP Cpl. Kevin Shearer of the Yorkton
Forensic Identification Unit who played a video of the crime scene
that showed the deceased on the floor in the exercise room of the house.

The jury was also given a booklet of photos from the crime scene and
the post-mortem, including pictures of at least six spent cartridges
and what were believed to be bullet holes in the floor of the house.

In cross-examination, defence lawyer Morris Bodnar asked Shearer
whether he had been familiar with Hayward while Hayward was alive in
the eastern Saskatchewan city of about 17,000 people.

"Surely you knew he was a drug dealer?" asked Bodnar.

Shearer said he had heard it. When asked by Bodnar, the RCMP officer
said he "had some understanding" the crime scene had been a drug house.

Bodnar asked why three pictures of the house that showed marijuana
posters had been included in the evidence at the preliminary hearing
but had not been included in the binder given to the jury on Tuesday.

Shearer said that had been Bode's suggestion.

Bodnar, a Saskatoon-based lawyer, also pointed out pictures in the
binder that showed apparent drug paraphernalia, such as utensils used
for hot-knifing hashish, a plastic bottle also seemingly used for
drug consumption and a collection of seven watches.

Shearer said there were also rolling papers found in the house. He
said he had not taken the photo of the watches but agreed the officer
who took the picture may have suspected they were stolen merchandise.

Shearer said no money or drugs had been seized from the house, but
Bodnar questioned whether the house had been secured and a search
warrant executed.

The father, a Yorkton welder, has been free on bail almost the entire
time since being charged shortly after Hayward's death.

Justice Jennifer Pritchard told the jury a finding of first-degree
murder required the Crown to prove there had been an unlawful act
that had caused death, that Walker meant to cause death or bodily
harm likely to cause death and that the killing was planned and deliberate.

Bode said he planned to call about 15 witnesses, including the
daughter and other eyewitnesses to the shooting.

There is expected to be more RCMP testimony this morning.