By Sheldon Spackman

Ready For Final Arguments

Witness testimony identifying attacker in fatal stabbing trial will be considered

Mar 19, 2021 | 3:06 PM

A Court of Queen’s Bench justice has ruled that all evidence presented during a voir dire for a Red Deer murder trial will be considered.

Justice Marilyn Slawinsky announced Friday that all evidence presented during this week during a voir dire, described as a trial within a trial to determine the admissibility of evidence, for 39-year-old Quentin Strawberry will be admitted as part of the trial proper.

This includes testimony from a key witness identifying the accused as the attacker in the assault.

Strawberry is charged with second-degree murder and assault in the March 29, 2019 death of 45-year-old Joseph Gallant. Gallant suffered a fatal stab wound to the chest from a machete early that morning at his Grandview residence, with the identity of the attacker being the primary issue at trial.

During her ruling, Slawinsky accepted voir dire testimony from Gallant’s common-law partner, Amanda Carter, that Gallant told her in his dying moments who his attacker was.

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“There was no time for rationale thinking. All of the circumstances left little time to concoct a statement,” said Slawinsky.

“In conclusion, I find that Joey Gallant’s contested utterance to Amanda Carter purporting to identify the accused as the attacker is presumptively admissible under both the dying declaration and spontaneous utterance of being an exception to the hearsay rule.”

Following her remarks, Crown prosecutors announced they were closing their case, while the defense elected not to call any further evidence.

The trial resumes Tuesday for closing arguments.

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