Judge presents final instructions to jury in Moncton double-murder trial

The judge in Janson Baker’s double-murder trial is presenting his final instructions to the jury Thursday.

A sheriff handed each member of the 14-person jury a thick binder of Justice Cameron Gunn’s instructions.

“It’s important that you listen carefully to all of my instructions,” said Gunn.

Gunn said every jury trial has two judges.

“I am one and you collectively are the other,” said Gunn.

Gunn told the jury to examine all the evidence as a whole and to consider it carefully without prejudice.

“There will be no more evidence. Consider nothing else,” said Gunn. “It’s your role, not mine, to determine the facts of this case.”

Baker has pleaded not guilty to two counts of first-degree murder in the deaths of 78-year-old Bernard Saulnier and 74-year-old Rose-Marie Saulnier.

The Saulniers were shot and killed in their Dieppe home in the early-morning hours of Sept. 7, 2019.

Gunn told the jury to disregard any television, radio, newspaper or social media reports on the trial, which took roughly eight weeks.

Gunn also wants the jury to consider evidence without sympathy or fear and not to be swayed by public opinion.

When it comes to evidence from the Crown’s key witnesses, Gunn said it should be approached with “care and caution,” and common sense should be used when determining a verdict.

The jury is expected to begin deliberations later Thursday.

Gunn advised the jury to not take into account the fact that the accused has been arrested for offences in the past, saying that is irrelevant to their decision-making process.

He also reminded the jury that testimony from some expert witnesses is just an opinion, despite them being experts in their field, and they don’t have to accept it.

“It’s up to you decide,” said Gunn.

Baker, 29, was called as a witness by the defence on Feb. 18 and repeatedly told the jury he didn’t kill the elderly Dieppe couple.

“I did not kill Rose-Marie, I did not kill Bernard Saulnier,” Baker emphatically said to the jury. “I am not a killer.

“No amount of money in the world would get me to kill somebody.”

During the defence’s closing arguments on Wednesday, Baker’s lawyer Brian Munro said the couple was brutally murdered in an execution-style hit that the accused is not capable of.

“It takes a certain kind of evil monster to do this. Mr. Baker is not an evil monster,” said Munro.

Crown prosecutor Brad Burgess said there’s no doubt who the killer is.

“Janson Baker shot and killed Bernard and Rose-Marie after confining them in Rose-Marie’s bedroom,” said Burgess during the Crown’s closing arguments.

Burgess said Baker “shot them both in the head.”

The courtroom was less than half full on Thursday, a day after being packed for the closing arguments from the Crown and the defence.

During the afternoon session, Gunn continued with his instructions going through all the evidence and testimony in great detail.

He again urged the jury to use common sense when reviewing the facts of the case.

Gunn then explained the process for deliberations telling the jury they need to nominate a foreperson.

“If you have not done so already, that should be the first thing you do when you go to the jury room,” said Gunn.

He told them to deliberate as long as they need.

“We will wait for you as long as it takes,” he said.

Gunn warned the jury they must not use a cell phone or other device to communicate with anyone about the trial or their decision making process.

Through a draw, two jurors were excused reducing the jury number to 12 as per the Criminal Code of Canada.

The jury was excused at 4:10 and deliberations officially began shortly afterwards.

Just after 7 p.m. court was called back due to a question from the jury.

Gunn said the question was about testimony from three Crown witnesses, but said more clarification was needed.

Gunn told the jury audio testimony was available, but written transcripts are not.

“Can you please clarify what you are seeking?” said Gunn, who asked the jury to have an answer in the morning.

The jury retired for the evening a little after 8 p.m.

Deliberations will begin again Friday at 9:30 a.m.

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