Discount Hart's lies, defence tells jury as trial ends

A Newfoundland Supreme Court jury has been told to dismiss Nelson Hart's videotaped confession because the Gander resident has a long history of lying, his lawyer said Monday.

In closing arguments, defence lawyer Derek Hogan said Hart who has been standing trial on two counts of first-degree murder in the 2002 drowning deaths of his twin daughters has frequently lied over the years.

Hogan said Hart lied about his epilepsy to health officials, and when he dealt with undercover RCMP investigators.

The RCMP built an elaborate undercover operation after their investigation of the deaths of Karen and Krista Hart, who were three years old, hit a dead end.

Earlier this month, the jury in Hart's trial in Gander was shown videotapes that were covertly recorded, as Hart dealt with individuals he was told were part of a criminal organization. He had been hired for increasingly more challenging tasks for the phoney mob, including making deliveries and collecting cash payments.

In one recording, made in a Montreal hotel room, Hart told a man he thought was a criminal boss that he killed his two daughters. Another videotape, shot at Gander Lake, featured Hart showing an officer what happened when his daughters wound up in the water.

Hogan, however, said Hart was lying on each occasion, including when he told undercover officers that he feared that child protection workers would apprehend his children. Hogan said the confessions were coerced, because Hart thought he was dealing with hardened criminals.

The jury was sequestered early Monday evening and will continue deliberations Tuesday.

Hogan made a last-minute appeal Monday morning to Justice Wayne Dymond to allow Hart to testify but with conditions. Hart wanted to testify without the public, including reporters, present in the courtroom. Dymond turned down the request.

Hart lied over alibi: prosecution

Prosecutor Mark Linehan, in his closing arguments, said that the Crown believes that Hart lied at another time: when he told police that his girls fell into Gander Lake and drowned when he had an epileptic seizure.

Hart had originally told investigators that he had left the scene when one of the girls fell in the water, and that the second fell in while he was getting help, but he later changed his account and said his epilepsy which was discussed during the trial caused a blackout.

Hogan told the jury that there had been evidence that Hart had suffered a seizure on the day of the drownings.

Linehan said that Hart never entered the water to help his daughters, and he told police he could not swim, and that he drove to his home to get his wife, who also cannot swim.

Linehan told the jury that Hart had two working cellphones with him on the day of the drownings, but made no attempt to use them.

Linehan also suggested to the jury that Hart, in his videotaped confession to the undercover officers, was detailed, calm and relaxed.

At the end of the summations, Hart's mother, Pearl Hart, stood up in the gallery and asked if she could ask a question. Dymond said she could not.

Hart then stood up in the dock and attempted to speak before his lawyer told him to sit down.

Hart's mother and wife later spoketo reporters outside the courtroom. Even though RCMP officers had testifiedthat Hart had viewed them as brothers, theyclaimed Hart was terrified by the undercover officers.

Pearl Hartsaid that had her son been able to testify in camera, the jury would have heard a different account.

"The reason why Nelson is not testifying is because when you express pressure on Nelson, he goes into a seizure. He always [hides]away when he has a seizure," she said.

The trial started Feb. 27.