LOUISE DICKSON: ‘The Crown argued Taylor’s death was a joint endeavour of all three accused’ Brotherstons

Crown Attorney Carmen Rogers urged Justice Janice Dillon

to reject Ken Brotherston Sr.’s argument that he was acting in self-defence

 

According to the Crown, [Kenneth] Brotherston Sr.‘s version of the events of May 30, 2008, was simply not believable.

During cross-examination, Crown attorney Carmen Rogers accused him of harbouring his sons when there were warrants out for their arrest.

Brotherston Sr. insisted  it was the RCMP’s job to take care of the warrants.

She also questioned him about drinking with Ken Jr. at Bear Mountain that afternoon, which was a violation of Ken Jr.’s court conditions.

Brotherston Sr. replied that it had nothing to do with him.

Brotherston Sr. also insisted he didn’t know Ken Jr. had been threatened with a gun at [Dana] Downey‘s earlier that day.

He testified he’d heard Greg [Brotherston] had some problems with a man called Keith, but didn’t make the connection that this was the same Keith [Taylor] who was demanding money from his family.

“Mr. Brotherston, the only thing that makes sense is that you went and got Greg because there was a threat associated with this debt and you took that threat seriously?” Rogers asked.

“No, he did not,” Brotherston replied.

The Crown argued Taylor’s death was a joint endeavour of all three accused, and the Brotherstons went to Betula Place knowing violence was likely.

All three took part in a prolonged assault on Taylor, said Rogers, who urged the judge to reject Brotherston’s argument that he was acting in self-defence.

In the end, Justice Janice Dillon came to a simple answer to the question at the heart of the trial: whose version of the terrible events on May 30, 2008, was most believable?

On Friday, Dillon rendered her verdict of not guilty on all counts for all three men, concluding that Brotherston Sr. had acted in self-defence, and his sons had merely been protecting their father.

Calling Brotherston Sr.’s testimony “unshaken,” she said she believed that he had only fought becuase he feared for his life.

And, perhaps most critically, she noted that his testimony was not clouded by drug use – as was those of many of the Crown witnesses.

“All charges are dismissed against all accused,” Dillon concluded.

 

CCC BLOG reprint:

Victoria Times Colonist: timescolonist.com

Louise Dickson: ldickson@tc.canwest.com

Judge believed Ken Sr. was fighting for his life

Sunday, January 31, 2010

Page D8

CCC