Trevor Pardy appeal focuses on 'defence of accident' argument

The lawyers for convicted killer Trevor Pardy have filed an appeal of his murder conviction, and are arguing the trial judge erred in his instruction to the jury.

Last month, Pardy was found guilty and was sentenced for the first-degree murder of his former girlfriendTriffie Wadman,who was gunned her down in a St. John's cul-de-sac four years ago.

• Trevor Pardy files appeal of 1st-degree murder conviction
• Trevor Pardy found guilty of murdering Triffie Wadman
• Who was Triffie Wadman? Her family wants you to know

The appeal argues the judge failed to instruct the jury or provide instructions on the "defence of accident."

During the murder trial, Pardy claimed the shooting was an accident, even though when police arrivedhe was found holding the murder9-mm pistol that was used to shootWadman.

Defense argues jury needed more information

Pardy's lawyer, Bob Buckingham, feels the seven men and three women who made up the jury were not made fully aware of the accident defence.

"The evidence that came out at trial certainly pointed to this incident asbeing an accident. So that was a thrustof the defence throughout the trial," Buckingham told CBC NewsWednesday.

"That issue with respect to there being an accident had to be fully explained to the jury. So what the appeal says is that thatwas not fully explained to the jury."

While Buckingham acknowledges that the defenceof accident was brought up at trial, he said it wasn't explained enough for the jury to make the appropriate decision.

When asked why Pardy didn't take thestand to try and clear his name, Buckingham said that's not his responsibility.

"Don't forget our system there's no obligation on the part of the defendant to give evidence the defendant is presumed innocent," he said.

"It's an obligation on the part of the crown to prove its case on all points within a reasonable doubt."

Wadman family prepared for appeal

The sister ofTriffieWadman, Sarina Wadman, told CBC News Wednesday that while the appeal process is not something the family looks forward to, they understand why it's happening.

"We expected it, we waited for it not at all surprised," Wadman said.

"It'sa part of the justice system that's available to criminals and the convicted."

Wadman said it won't be easy to relive the stressesof the murder trial, but at the end of the day they want justice and will do whatever it takes to get it.

"I'm sure it will be just as difficult as it was the first time. We've been through it and we're still living it," she said.

"It would be very unfortunate if we had to live that again, but if we have to [in order] to pursue the same income we will. Justice is what we set out for in the first place, and we will settle for nothing less."