Accused Calgary murderer had ‘exclusive opportunity’ to kill 3-year-old Ivy Wick, says crown

Calgarian Justin Bennett was found guilty of second-degree murder in the death of Ivy Wick, his girlfriend's three-year-old daughter. (file)

CALGARY — A Calgary man on trial for the death of his girlfriends three-year-old daughter should be found responsible of second degree murder, Calgary’s chief crown prosecutor told a judge Tuesday as both sides presented final arguments in the case.

“I do say that Mr. Bennett had exclusive opportunity to kill Ivy,” said Sue Kendall.

Justin Bennett, 27, is charged with second degree murder.

Ivy Wick was taken to hospital in September 2017 after suffering serious injuries at the home where she lived with her mother and Bennett. The toddler was taken off life support eight days later. She died from blunt force trauma.

“This court having heard Helen Wordsworth testify, having seen her under cross examination should be satisfied beyond any reasonable doubt that Helen was telling the truth when she said she did not kill her daughter,” said Kendall.

“If the court accepts Helen’s evidence, this leaves only Mr. Bennett as the person who could have killed Ivy.”

“It’s the position of the crown that this court can find that Mr. Bennett inflicted injuries to Ivy Wick knowing they were likely to cause her death,” said Kendall.

Key evidence submitted by the crown is a confession video taken during an undercover police operation.

Bennett was recruited into a fictitious criminal organization. He was made to believe an undercover officer had a contact who could create a fake medical examiner report so he could escape liability for Ivy’s murder. But he had to reveal what happened to Ivy.

Bennett admitted he beat the little girl while her mother was in the shower. Court heard Ivy threw a tantrum, interrupting Bennett who was playing a video game.

“I loved her. I didn’t mean to do it. I really didn’t. I was just angry…And I freaked out and I basically killed my kid,” said Bennett in the video recording from September 2018.

Bennett’s lawyer Allan Fay argued the Mr. Big operation was deeply flawed.

Fay said because of the flaws, the confession it produced is unreliable and should not convince the court beyond a reasonable doubt of Mr. Bennet’s guilt.

“In my respectful submission what Mr. Bennett told the police officers involved in this operation was accepted at face value,” said Fay.

The defence said Bennett lied to the crime boss because he was desperate to stay in the criminal organization so he didn’t have to go back to his old penniless life.

A date for Justice Blair Nixon’s decision will be set on Friday.