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Defence lawyer in murder trial of escaped B.C. inmate points to lack of blood spatter

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The defence lawyer in the B.C. Supreme Court murder trial of an escaped inmate says the jury must acquit his client because the evidence doesn’t align with the prosecution’s theory of events.

Ryan Drury told a jury in closing arguments Tuesday that DNA evidence and lack of blood spatter on the clothes of James Lee Busch means either that his client wasn’t in the house, that he didn’t take part in the murder, or his only involvement was in cleaning up the crime scene.

“There are multiple scenarios that are open to you that are consistent with innocence, and you cannot put the pieces of the puzzle together like the Crown wants you to because they simply do not fit,” he said.

Martin Payne, 60, was killed on July 8, 2019, a day after Busch and Zachary Armitage walked away from William Head Institution. The prison was just eight kilometres from Payne’s home in Metchosin on southern Vancouver Island.

Armitage began the trial with Busch, but the prosecution service said in November that the Crown is proceeding against the two on separate indictments.

“A mere connection in time and space to Mr. Armitage, does not equate to an inescapable finding that Mr. Busch then committed, participated in or aided in the commission of a murder,” Drury said Tuesday.

Crown attorney Chandra Fisher said in her closing statement on Monday that the pair were “inseparable” and had gathered weapons and duct tape to confine Payne before he was murdered.

Unless Payne’s killer was a “master ninja” who could wield three weapons at once, there must have been two attackers in Payne’s home, she said.

Fisher said Payne was larger than both of the men and two of them would have been needed to carry out the crime.

However, Drury said there was nothing about the wounds that shows they had to be inflicted by two people, and he suggested to the jury that Armitage worked alone.

“Using the hatchet that you’ve seen or using the knife that you’ve seen, one person could easily disable and overcome a bigger person with either of those weapons,” he said.

“I’m going to suggest to you, members of the jury, Zack Armitage would not need to be a master ninja to do that.”

The court heard that Busch’s fingerprints were not found inside the house. But Fisher argued that because a pair of New Balance shoes found in the home had tested positive for both Busch and Payne’s DNA, it proved Busch was in the house. Busch was arrested wearing Payne’s hat and backpack that contained the victim’s house and truck keys, she added.

Drury called the Crown’s case “weak” and “speculative,” saying the New Balance shoes alone are enough to acquit his client because very little blood was found on them.

“Do you think for a moment that these shoes would be so utterly lacking in blood if Mr. Busch was wearing them when he committed a homicide, hitting Mr. Payne in the head with a hatchet or stabbing him with a knife,” he asked the jury.

“They are more consistent with shoes that are used in the cleanup of a crime scene than they are with shoes worn in a bloodletting incident. The shoes are reasonable doubt.”

Justice David Crossin outlined his instructions and was reading a summary of the evidence to the jury on Tuesday before they were to begin their deliberations.

This report by The Canadian Press was first published Dec. 13, 2022.

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‘It’s literally incredible’: Swifties line up for merch ahead of Toronto concerts

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TORONTO – Hundreds of Taylor Swift fans lined up outside the gates of Toronto’s Rogers Centre Wednesday, with hopes of snagging some of the pop star’s merchandise on the eve of the first of her six sold-out shows in the city.

Swift is slated to perform at the venue from Thursday to Saturday, and the following week from Nov. 21 to Nov. 23, with concert merchandise available for sale on some non-show days.

Swifties were all smiles as they left the merch shop, their arms full of sweaters and posters bearing pictures of the star and her Eras Tour logo.

Among them was Zoe Haronitis, 22, who said she waited in line for about two hours to get $300 worth of merchandise, including some apparel for her friends.

Haronitis endured the autumn cold and the hefty price tag even though she hasn’t secured a concert ticket. She said she’s hunting down a resale ticket and plans to spend up to $600.

“I haven’t really budgeted anything,” Haronitis said. “I don’t care how much money I spent. That was kind of my mindset.”

The megastar’s merchandise costs up to $115 for a sweater, and $30 for tote bags and other accessories.

Rachel Renwick, 28, also waited a couple of hours in line for merchandise, but only spent about $70 after learning that a coveted blue sweater and a crewneck had been snatched up by other eager fans before she got to the shop. She had been prepared to spend much more, she said.

“The two prized items sold out. I think a lot more damage would have been done,” Renwick said, adding she’s still determined to buy a sweater at a later date.

Renwick estimated she’s spent about $500 in total on “all-things Eras Tour,” including her concert outfit and merchandise.

The long queue for Swift merch is just a snapshot of what the city will see in the coming days. It’s estimated that up to 500,000 visitors from outside Toronto will be in town during the concert period.

Tens of thousands more are also expected to attend Taylgate’24, an unofficial Swiftie fan event scheduled to be held at the nearby Metro Toronto Convention Centre.

Meanwhile, Destination Toronto has said it anticipates the economic impact of the Eras Tour could grow to $282 million as the money continues to circulate.

But for fans like Haronitis, the experience in Toronto comes down to the Swiftie community. Knowing that Swift is going to be in the city for six shows and seeing hundreds gather just for merchandise is “awesome,” she said.

Even though Haronitis hasn’t officially bought her ticket yet, she said she’s excited to see the megastar.

“It’s literally incredible.”

This report by The Canadian Press was first published Nov. 13, 2024.

The Canadian Press. All rights reserved.



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Via Rail seeks judicial review on CN’s speed restrictions

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OTTAWA – Via Rail is asking for a judicial review on the reasons why Canadian National Railway Co. has imposed speed restrictions on its new passenger trains.

The Crown corporation says it is seeking the review from the Federal Court after many attempts at dialogue with the company did not yield valid reasoning for the change.

It says the restrictions imposed last month are causing daily delays on Via Rail’s Québec City-Windsor corridor, affecting thousands of passengers and damaging Via Rail’s reputation with travellers.

CN says in a statement that it imposed the restrictions at rail crossings given the industry’s experience and known risks associated with similar trains.

The company says Via has asked the courts to weigh in even though Via has agreed to buy the equipment needed to permanently fix the issues.

Via said in October that no incidents at level crossings have been reported in the two years since it put 16 Siemens Venture trains into operation.

This report by The Canadian Press was first published Nov. 13, 2024.

Companies in this story: (TSX:CN)

The Canadian Press. All rights reserved.



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Japanese owner of 7-Eleven receives another offer to rival Couche-Tard bid

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LAVAL, Que. – The Japanese owner of 7-Eleven says it has received a new management buyout proposal from a member of the family that helped found the company, offering an alternative to the takeover bid from Alimentation Couche-Tard Inc.

The proposal for Seven & i Holdings Co. Ltd. is being made by Junro Ito, who is a vice-president and director of the company, and Ito-Kogyo Co. Ltd., a private company affiliated with him.

Terms of the non-binding offer by Ito were not disclosed.

In a statement Wednesday, Seven & i said its special committee has been reviewing the proposal with its financial advisers.

Stephen Hayes Dacus, chair of the special committee and board of directors of the company, said the company is committed to an objective review of all alternatives as it considers the proposals from Ito and Couche-Tard as well as the company’s stand-alone opportunities.

“The special committee and the company board will continue to engage with all parties in a manner designed to maximize value and will continue to act in the best interests of the company’s shareholders and other stakeholders,” he said in a statement.

The company noted that Ito has been excluded from all discussions within the company related to the offer and the bid by Couche-Tard.

Quebec-based Couche-Tard made a revised offer for Seven & i last month after an earlier proposal was rebuffed by the Japanese firm because it was too low and did not fully address U.S. regulatory concerns.

It did not respond to a request for comment about Ito’s offer.

RBC Capital Markets analyst Irene Nattel said the latest development underscored her belief that a Couche-Tard deal with Seven & i is a “low probability event.”

“Assuming attractive pricing and a fully-funded transaction, the potential privatization from a friendly Japanese group would seemingly provide investors with the value creation event they seek,” said Nattel, adding that it would skirt potential competition issues in the U.S. and concerns around the foreign takeover of a core local entity for Japanese regulators.

Couche-Tard has argued its proposal offers clear strategic and financial benefits and has said it believes the two companies can reach a mutually agreeable transaction.

However, the Japanese company has said there are multiple and significant challenges such a transaction would face from U.S. competition regulators.

Couche-Tard operates across 31 countries, with more than 16,800 stores. A successful deal with Seven & i could add 85,800 stores to its network.

Seven & i owns not only the 7-Eleven chain, but also supermarkets, food producers, household goods retailers and financial services companies.

This report by The Canadian Press was first published Nov. 13, 2024.

Companies in this story: (TSX:ATD)

The Canadian Press. All rights reserved.



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