Crown, defence spar over whether Catherine Campbell's death a 'tragedy' or murder

Whether Catherine Campbell'sdeath in the early hours of Sept. 11, 2015, was a tragic accidentor a murder that saw her thrown away "like a piece of garbage" will ultimately be up to a Halifax jury to decide.

Closing arguments in the second-degree murder trial of Christopher Garnier were made Monday in Nova Scotia Supreme Court. Garnieris also charged with interfering with human remains.He has pleaded not guilty to both counts.

In his comments, defence attorney Joel Pink told the jury that the off-duty police officer's death was a "tragedy in the true sense of the word" not murder.

Campbell's death was an accident during rough sex she had initiated at a Halifax apartment, Pink said, and there is"not a scintilla of evidence" to support the Crown's assertion that the 30-year-old Garnierlost control and murdered Campbell.

For her part, Crown attorney Christine Driscollargued Campbell's death was a "crime" and that Garnier"threw her away like a piece of garbage."

Driscoll said while Campbell can't speak to what happened at the McCully Street apartment where she died, the evidence "speaks loud and clear," remindingjurors of blood spatter evidence from the apartment.

Driscollalso said Campbell left other clues, including her DNA on Garnier's T-shirt, his necklace and the clasp of Garnier's watch. She saidGarnier tried to hide this by throwing the necklace onto the roof of a building and putting the T-shirt in a dumpster.

Garnier wasn't too embarrassed to choke or hit Campbell, Driscollsaid, but was supposedly too embarrassed to look at her as he did it.

"He's actually describing that she killed herself, which is ridiculous," said Driscoll. "How did she go from putting pressure on her own neck to dead?

"The truth is that Campbell did nothing wrong. Her life was over and she was treated like trash."

Campbell,an off-dutyTruro, N.S., police officer, was punched and strangled, according to the prosecution. Herbody was found on Sept. 16, 2015, in thick brush near Halifax's Macdonald Bridge.

Garnierhas acknowledged he loaded Campbell's body into a green compost bin and wheeled her to the bridge, but has testified he can't remember doing so.

Driscollargued that Garnier'sactivities before his arrestloading his girlfriend's car with a tarp, rope, gas and gloves show Garnierhad intended to move Campbell's body but was arrested first.

Pink asked the jury Monday to acquit Garnier on both charges he faces. People must not be found guilty because of suspicions, rumours or imagination, Pink said.

"We are not assembled here today for vengeance. We are here for a just and proper resolution of this matter," said Pink.

Last week, the jury heard from a forensic psychiatrist hired by the defence who testified thatGarniersuffered "acute stress disorder" following the trauma of Campbell's death andmay not have been fully aware or in control of his actions in the immediate aftermath.

Pink argued Monday thatGarnier suffered from "automatism" and should be found not guilty of the interfering with human remains charge.

He said Campbell's death did not amount to "culpable homicide," that Garnieracted "lawfully and properly," and the Crown has not proven second-degree murder.

"A tragedy does not make the actions of any man or woman a crime," Pink said. "It only becomes a crime when the actions of the man or woman meet the requisites of law. I respectfully submit that is not the case here."

Justice Josh Arnold will give his final instructions to the jury on Wednesday.After that, the jury will be sequestered until they reach a verdict.

The CBC's Blair Rhodes live blogged from court.Mobile users can read the blog here.