Chris Falconer asked former lover to lie for him, court hears

CTV Atlantic: Falconer asked former lover to lie Christopher Falconer's former lover told the court that he asked her to lie to police but Falconer’s lawyer is pointing to inconsistencies.

A former lover of Christopher Alexander Falconer testified that he asked her to lie to police after Amber Kirwan’s body was found.

Jerricka Ebrahim told the court that she and Falconer were “friends with benefits” in October 2011 and that he was supposed to be with her the night Kirwan disappeared.

Ebrahim said she met Falconer the summer before Kirwan’s death and that they communicated through text messages or Facebook.

Kirwan disappeared in the early hours of Oct. 9, 2011 after spending a night out with friends at Dooly’s pool hall and bar in New Glasgow. The 19-year-old was last seen leaving Dooly’s and heading towards a convenience store just up the street.

Her boyfriend, Mason Campbell, testified last week that Kirwan was supposed to meet him at the store but she never showed up.

Kirwan’s partly decomposed body was discovered in a muddy, shallow grave off a logging road in Heathbell, N.S. on Nov. 5, 2011.

Falconer is charged with first-degree murder in her death. He has pleaded not guilty.

Ebrahim, who is pregnant, was emotional and broke down in tears as she took the stand in the first-degree murder trial at Nova Scotia Supreme Court in Pictou.

Crown attorney Patrick Young acknowledged testifying can be difficult but said it's important to see what the phone records say about the night Kirwan disappeared.

"What it does is it indicates that he's near her apartment in downtown New Glasgow about an hour before Amber disappears, in the morning, he's in the Heathbell area, by his own admission in the text messages," said Young.

Ebrahim testified that Falconer drove her children to the babysitter’s house the evening of Oct. 8, 2011 and that she had planned to go out for a few drinks.

The court heard that Falconer arrived at Ebrahim’s New Glasgow apartment around 9:30 p.m. that night and that he had a few shots before leaving an hour later.

Ebrahim said she went to a local bar without Falconer and that she texted him to come over when she arrived back home later that night.

She testified that she became angry when Falconer failed to show and texted him to come over and get his things from her apartment.

The court heard that Falconer texted Ebrahim shortly after 5 a.m. on Oct. 9 and apologized for making her wait.

“Something came up. I’m at dad’s now,” the text read.

His father, Scott Falconer, lives in the Heathbell area, close to where Kirwan’s body was found.

Ebrahim told the court that she didn’t see Falconer again until suppertime on Oct. 9, 2011.

The court also heard that Ebrahim was with Falconer on Nov. 5, 2011. She said a friend texted her to say Kirwan’s body had been found and that she mentioned it to Falconer.

She testified that he grabbed his things, said he had something to do and quickly left with no explanation after hearing the news about Kirwan.

Ebrahim said Falconer asked her to lie for him if police questioned her but he didn’t say why. She said she believed he was referring to his parole .

However, defence lawyer Mike Taylor pointed to inconsistencies in her testimony.

"When you have a witness who is changing their evidence or giving different answers at different times, for whatever reason, the jury has to consider whether or not that has an impact on her overall credibility in relation to key evidence," said Taylor.

Taylor pointed out that Ebrahim was drunk the night of Oct. 8, 2011 and couldn’t remember some details, including who drove her to the bar that night.

He also pointed out that some of her testimony differed from what she told police in November 2011.

The court heard that Ebrahim told police in a statement she had no recollection about the night Kirwan disappeared. Ebrahim told Taylor that she was confused when police first questioned her but her memory has improved since then.

Ebrahim also testified that she asked Falconer if he had anything to do with the Kirwan investigation and that he seemed shocked by the question.

A DNA expert is scheduled to testify in the first-degree murder trial Thursday morning.

With files from CTV Atlantic's Dan MacIntosh