Dean Penney killed wife as part of jealousy-fuelled plan, Crown argues as trial comes to an end

james dean Penney's attorney makes closure arguments in first-degree hit trial

Evidence phase of Dean Penney's murder trial ends with his cross-examination

Penney says he didn’t have anything to do with his wife's disappearance

Penney's eldest daughter testifies against him for the alleged killing of her mother

Watch Dean Penney re-enact with an undercover officer how he says he killed Jennifer Hillier-Penney with a hammer

Penney was there the night his estranged wife died, court hears

Watch parts of one of Penney's police interviews — and what he said about the day Jennifer Hillier Penney was last seen alive

We’re told they are being given a few minutes to send final messages to their loved ones before their devices are taken away and they are officially sequestered.

They’ve asked for supper to be brought to the courthouse, indicating they intend to begin deliberations this evening.

There’s no time limit on their deliberations. They can stay as late as they want. Sheriff’s officers are now being sworn in to monitor the jury as they deliberate.

One big thing the jury will have to decide is which day Derick Hillier — the man dubbed an alternate suspect by the defence — actually left St. Anthony.

Derick, his mother and his father all told the RCMP that he left town on the morning of Nov. 30, 2016, and drove across the island. That would mean he couldn’t have killed Jennifer Hillier-Penney, since she was last seen alive that evening.

His mother, however, also told the RCMP that she discussed Hillier-Penney’s disappearance with her son on the day he drove across the island. That would be impossible if he actually left on Nov. 30, since Hillier-Penney hadn’t been reported missing yet.

His mother testified she simply made a mistake, but the defence argued she actually told the truth to the RCMP in her statement and that proves Derick Hillier left town on Dec. 1 — the day after Jennifer Hillier-Penney was last seen.

Khaladkar tells the jury they must decide if they believe Derick Hillier left town on Nov. 30 or if it could have been a day later.

At this stage, the majority of the gallery has left.

Justice Khaladkar made a joke to the jury about it, saying he’s glad they’re still here.

“Only because we can’t leave,” one of the jurors quipped.

We’re about two-thirds of the way through the instructions, which puts on track to finish at 6 p.m. NT.

The judge is now going over the evidence of a man known as UC Vic — an undercover officer who befriended Penney and brought him into the fake criminal organization.

He just touched on the part of the trial that so many people found remarkable.

“He wished he never had to testify against Dean Penney,” says Khaladkar.

Vic got so close to Penney that he hoped the investigation would find he didn’t kill his wife. He said Penney gave him a soapstone carving of a polar bear, something he called the best gift he’s ever received. He spoke in glowing terms about Penney’s hospitality and his cooking. They were best friends. 

Justice Khaladkar is now recapping the evidence from all the witnesses in the trial — more than two dozen of them in total. This will be the bulk of the instructions left to come.

The Crown called more than 20 witnesses, ranging from members of Hillier-Penney’s family, to undercover police officers and underwater search experts.

I’ve heard a few yawns in the room and there’s still a lot of pages left to get through.

We’re back now and going over the essentials of deliberating on first-degree murder.

Some things jurors have to consider: Did Penney cause his wife’s death? Did he cause her death with an unlawful act? Did he have the intent required for murder? Did he act in self-defence?

This is where other possible verdicts can come in. The jury can find Penney guilty of first-degree murder, second-degree murder, manslaughter or not guilty of anything.

If Penney caused her death with a criminal act, but did not intend to kill her — that’s manslaughter.

If he intended to kill her, but it was not planned and deliberate — that’s second-degree murder.

If he intended to kill her, and it was planned and deliberate — that’s first-degree murder. 

Justice Khaladkar called for a 20-minute break just before 2:30 p.m. NT.

Judging by the copies of the instructions that I can see the lawyers following, it looks like we’re only about a third of the way through.

This could take a while. We’re not sure if Khaladkar will power through the entire thing this afternoon (and into this evening) or if he’ll adjourn later and come back to finish tomorrow. We’ll see.

Jury in Dean Penney’s murder trial hears more details about RCMP’s Mr. Big operation

Turning now to the Mr. Big sting.

These types of operations often end with a meeting with an apparent crime boss during which a suspect is encouraged to confess to a crime to gain status in the organization. That’s what happened in this case.

Mr. Big confessions can be unreliable, Khaladkar says. In deciding whether or not it’s true and reliable, the jury should consider: the length of the operation and number of interactions; the nature of the relationship between the undercover officers and Dean Penney; the nature and extent of any inducements or rewards offered; any threats, pressure, fear, intimidation or coercion; and the conduct of the interviewer who elicited the confession.

The jury should also consider whether or not Penney’s statements led to other evidence being discovered. The defence has argued it did not. They should also consider if Penney gave details that show genuine knowledge of the murder. The Crown contends that’s exactly what he did.

There’s also a risk of prejudice with Mr. Big stings, Khaladkar tells the jury. They’ve heard about Penney taking part in fake criminal acts for a fake criminal enterprise. Khaladkar warns them that just because Penney appeared willing to associate with criminals, that doesn’t mean he’s the type of person to commit murder.

"The accused is on trial only for the offences charged in the indictment," he tells them.

Khaladkar is speaking to the jury about how to assess the evidence presented about the defence’s alternate suspect, Derick Hillier. He’s recapping the evidence involved in this theory.

He tells them if they believe this evidence, or if it raises a reasonable doubt in their minds, they must find Penney not guilty.

Khaladkar is now explaining reasonable doubt and the presumption of innocence.

The onus is not on Penney to prove he didn’t do it. It’s on the Crown to prove beyond reasonable doubt he is guilty.

“Even if you believe Dean Penney is likely guilty or probably guilty, that is not sufficient,” Khaladkar says.

On a personal note, I’ve never seen this many people in the gallery for a judge’s instructions to the jury. People usually skip this part but the courtroom is nearly full this afternoon.

---

---