The defence lawyer for one of the men accused of killing Martin Payne called on a jury to acquit his client as he called the Crown含羞草研究社檚 argument against James Lee Busch weak and speculative.

The Crown on Monday tasked the jury with finding Busch guilty of first-degree murder, but Ryan Drury said the evidence presented over the last month shows there would be a reasonable doubt the escaped inmate could含羞草研究社檝e committed the July 2019 killing.

Busch and Zachary Armitage were charged with first-degree murder following their William Head prison escape, but the latter of the accused men was removed from the trial as the jury heard he含羞草研究社檚 been dealt with in a separate way.

The evidence showing Busch was an active participant and assailant is inconclusive and the Crown含羞草研究社檚 narrative of what transpired in Payne含羞草研究社檚 Metchosin home is circumstantial, Drury argued in his closing address.

He presented a four-part defence on Dec. 13 and 14, which includes: the case is built on circumstantial evidence; there含羞草研究社檚 insufficient evidence to meet first-degree murder requirements; there was minimal evidence forensic evidence against Busch but an overwhelming case supporting Armitage committing the murder alone; and the Crown fell short of showing Busch was guilty beyond a reasonable doubt.

Drury ultimately drew three possible conclusions from evidence: that Busch was never in the home; that he was at the home but had no involvement in the murder and he was just 含羞草研究社渋n the wrong place at the wrong time含羞草研究社�; and that his only role was assisting in cleaning up a crime scene that Armitage had solely committed.

His 含羞草研究社渃ircumstantial含羞草研究社� argument seemingly relied on how there could be no direct eyewitness since the victim was killed.

含羞草研究社淣o one has given any evidence that they saw Mr. Busch do anything at Mr. Payne含羞草研究社檚 residence, no one has even given any evidence that they saw Mr. Busch inside Mr. Payne含羞草研究社檚 residence,含羞草研究社� Drury said.

While the Crown said the jury could use evidence to draw inferences that connect how a planned ambush played out, Drury said the same evidence that could lead to inferences that Busch was innocent.

The lawyer pointed to Armitage含羞草研究社檚 fingerprints and DNA being found in the home and witnesses testifying how he was making calls from Payne含羞草研究社檚 landline, while the only thing placing Busch at the home was DNA on some underwear and shoes.

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That related to Drury含羞草研究社檚 third argument, where he concluded the evidence was overwhelming that Armitage alone was responsible for Payne含羞草研究社檚 death. He recalled how Armitage含羞草研究社檚 DNA was found on the inside of bloody clothing, Asics shoes and on chewed gum left in the main bathroom where a hatchet and bowie knife were found.

A major crutch of Drury含羞草研究社檚 argument was that the Asics shoes had much more blood all over them compared to a pair of New Balance含羞草研究社檚 含羞草研究社� which held Busch含羞草研究社檚 DNA and were linked to a footprint left in the ensuite含羞草研究社檚 bloody floor. He said the shoes prove Busch couldn含羞草研究社檛 be in close proximity to Payne when the 60-year-old was being struck.

含羞草研究社淒o you think for a moment that these shoes would be so utterly lacking in blood if Mr. Busch was wearing them when he had committed a homicide, hitting Mr. Payne in the head with a hatchet or stabbing him with a knife?含羞草研究社�

Defence said the New Balance shoes alone prove a reasonable doubt and are a 含羞草研究社渞oadblock to convicting Busch.含羞草研究社�

Crown said the bigger Payne could not have been attacked by a lone assailant as witnesses said his wounds came from the front and back, with at least three weapons. Drury refuted that, saying Armitage 含羞草研究社� armed with the multiple suspected murder weapons 含羞草研究社� could have overcome Payne and inflicted the myriad of wounds.

含羞草研究社淲e say the evidence simply does not allow you to figure out what happened,含羞草研究社� Drury said.

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