The jury in the Robert William Pickton trial resumed its deliberations on Thursday, after the judge admitted he had made a mistake in instructions he provided to jurors.
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Judge James Williams had abruptly suspended the jury's discussions in the afternoon, but he called them back to his courtroom about 21/2 hours later to give them revised instructions in response to a question they had asked earlier in the day.
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"I have concluded I was not sufficiently precise. I was in error with respect to three paragraphs of your charge," Williams told jurors in the B.C. Supreme Court in New Westminster.
"I regret I misinformed you. It was inadvertent."
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In Williams's new instructions to the jury, he amended the paragraphs pertaining to Sereena Abotsway, Mona Wilson and Andrea Joesbury, three of the six women Pickton is accused of killing.
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In Williams's new version, he noted that Pickton could be found guilty if he shot Abotsway or was an "active participant" in her death. He said the same could apply to Wilson and Joesbury. A gunshot wound was determined to have been the cause of death for all three women.
Williams originally told the jury:
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"If you find Mr. Pickton shot Miss Abotsway, you should find the Crown has proven this element. On the other hand, if you have a reasonable doubt about whether or not he shot her, you must return a verdict of not guilty on the charge of murdering her." Williams's new instructions stated:
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"If you find that Mr. Pickton shot Miss Abotsway or was otherwise an active participant in her killing, you should find that the Crown has proved this element. On the other hand, if you have a reasonable doubt that he was an active participant in this killing, you must return a verdict of not guilty."
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"So no longer does he have to just be the shooter but he's clarified he can be an active participant which gives a broader scope for conviction," legal analyst Donna Turko told CBC News.
Jury asked for clarification
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Williams's instructions to the jury came after jurors sent him a written question Thursday morning, asking for direction as they consider whether Pickton is the person who killed each of the six women he is accused of slaying.
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"Are we able to say 'yes' if we infer the accused acted indirectly?" jurors asked.
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Williams, after consulting with Crown and defence lawyers, said he couldn't answer their question directly. He instead re-read two portions of the instructions he gave jurors a week ago, before they began their deliberations.
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He told jurors that they could find Pickton guilty even if he didn't act alone.
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"You may find Mr. Pickton acted in concert with other persons although you may not know who they are," he said.
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"It is sufficient if you are satisfied beyond a reasonable doubt, having considered all the evidence, that he actively participated in the killings of the victims; it is not sufficient that he was merely present or took a minor role."
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Williams did not revise these instructions in his second meeting with jurors.
Questions jury must consider
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The question the jury asked Williams is based on a list of five questions Williams has asked jurors to work through when they consider each of the six counts of first-degree murder Pickton is facing.
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With each count, jurors must start with the first question and if they say yes to it, move on to the next, proceeding down the list in the same fashion.
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For Pickton to be convicted of a charge of first-degree murder, the jury must say yes to all five questions.
The questions are:
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- Is the victim dead, and was the victim killed by means of an unlawful act?
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- Was the victim killed at the time and place listed?
- Is Pickton the person who killed the victim?
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- Did Pickton mean to cause the victim's death or mean to cause bodily harm that would be likely to cause death, and was reckless about whether or not it would cause death?
- Was the victim's death planned and deliberate?
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If the jury can say yes to the first four questions, but not the fifth, Pickton is convicted of second-degree murder. If the jury only agrees to the first three questions, Pickton is convicted of manslaughter.
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If the jury can only say yes to the first two questions, Pickton is acquitted.
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The question the jury sent to Williams on Thursday relates to Question 3.
Jurors heard from 128 witnesses
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The jury began its deliberations Nov. 30 after sitting through 10 months of testimony and arguments, and hearing from 128 witnesses.
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During the deliberation period, the jurors have been staying in a motel, unable to talk to friends or family, and have been watched constantly by sheriff's officers to ensure they aren't exposed to media reports or anything else that could influence their decision.
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Pickton, a former pig farmer from Port Coquitlam, is charged with first-degree murder in the deaths of six women who went missing from Vancouver's Downtown Eastside - Abotsway, Mona Wilson, Andrea Joesbury, Brenda Wolfe, Marnie Frey and Georgina Papin.
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Pickton, 58, will face a second trial later in connection with the deaths of 20 other women.
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Pickton has pleaded not guilty to all 26 charges of first-degree murder.