Closing submissions have been made in a murder trial involving a Leamington man, accused of killing his best friend.
Andrew Cowan, 45, has pleaded not guilty to first degree murder in connection with a crash that killed 53-year-old Edward Witt.
Court heard on Oct. 21, 2012, Cowan was driving Witt’s pickup truck at a high rate of speed in Leamington, when he drove up a flower embankment and went airborne, slamming into the second floor of a building. Witt was in the passenger seat and was killed.
The jury, consisting of 10 women and two men, heard very different closing arguments.
The defence claims both Cowan and Witt entered into a suicide pact, while the crown argues Cowan's decision to drive full speed into a building was "his plan and his alone."
Cowan's lawyer Pat Ducharme told the jury "this is a legitimate double suicide attempt" and "we don't punish people for trying to end their life."
But assistant crown attorney Tom Meehan pointed out that Witt “was an innocent passenger wearing his seat belt.”
Meehan added "a seat belt is a life saving device."
Meehan also argued there is no concrete evidence of a suicide pact, with no indication from his family, and no discussions of suicide through text messages or e-mails.
Meehan also pointed out there is overwhelming evidence Cowan wanted to end his life, including a text message he sent to his friend which read “Ed and I are considering suicide tonight. I wanted you to know I loved you. See you in heaven babe."
The defense claims Witt entered a suicide pact after he became depressed because a girl he had a crush on was using him.
Justice Kelly Gorman began her charge to the jury on Monday, and it will continue on Tuesday.
