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Saskatoon

Sheree Fertuck wanted a divorce from man now accused of killing her, family lawyer says

Court heard evidence from the family lawyer for Sheree Fertuck and a DNA forensic analyst on Day 6 of Greg Fertuck's first-degree murder trial.

Lawyer, DNA expert testified Tuesday at Greg Fertuck's 1st-degree murder trial

Sheree Fertuck was last seen in 2015. Her family lawyer testified Tuesday at the first-degree murder trial of Greg Fertuck, Sheree's estranged husband. (RCMP)

Sheree Fertuck tried to legally end her relationship withher estranged husband, but the separation was never finalized, court heard on Tuesday,the sixth day of Greg Fertuck'sfirst-degree murder trial.

Instead, the twospent years fighting about property division and money, Sheree Fertuck's lawyer, Tammi Hackl, testified.

"She wanted a divorce," said Hackl, a lawyer specializing in family law.

But Sheree had demands she wanted met before they split. Her biggest concerns centred around thefamily home, about one-third of Greg'spension, child support, and what she believed to be a fair division of assets not a 50-50 split, Hackl testified.

Greg Fertuck is on trial Saskatoon's Court of Queen's Bench, accused of killingSheree on Dec. 7, 2015 the last day she was seen alive. The 51-year-old woman's body has never been found.

He has pleaded not guilty.

The Crown's case relies on a complicated undercover police operation, known as a "Mr. Big" sting. Court has heard the months-long sting elicited a confession from Greg, who told undercover officers that he shot Sheree twice at the gravel pit where she worked.

Hackl told the court on Tuesday that the couple split in late 2011 and Sheree started divorce proceedings in 2012.

Sheree never indicated she and Greg were reconciling, Hackl said, but she was concerned about legal costs and was keen on settling the divorceout ofcourt.

Court heard Greg had taken out a $50,000 loan against the house and Sheree's name was removed as an owner of the home to ensure he alone would be responsible for that.She wanted the home to be hers.

Hackl testified that at one point, Sheree asked hertoseek to have Greg's wages garnishedin an effort to get child support that he wasn't paying.By the timepretrial proceedings beganin 2018,Greg reportedly owed between $26,000 to $33,000 in unpaid child support.

Hackl said that Sheree also blocked Greg from accessing money, determined to settle the legal separation first.He needed her permission to access funds in hislocked-in retirement account. Greg allegedly wanted $15,000 of the $427,000 but Sheree wouldn't grant permission, court was told.

Hackl said her last conversation with Sheree was in October 2015.

Sheree told Hackl shebelieved Greg was illand was worried about what would happen with their division if he died. Hackl said she advised Sheree to push toward a formal settlement but Sheree again insisted she wanted to resolve the property and child support issues out of court.

Hackl said Sheree's property guardian, her son, waived the child support arrears and that Sheree's estate ultimately came out $16,000 ahead in the agreement.The total amount of assets up for division equalled $790,000 at the time of the 2018 matter.

DNA evidence, statement from mother

Hackl was one of several Crown witnesses to testify Tuesday.

At the end of the day, court also heard an audio statementJuliann Sorotski, Sheree's mother, made to police two days after Sheree went missing. At that point, police were asking Sorotski, who died in 2018, about potential suspects inSheree's disappearance.

Sorotski suggested that a business competitor of Sheree's could have been a potential suspect in herdisappearance, but she also pointed to Greg as a possible suspect. She said in the statement he had been physical with Sheree and verbally threatenedherbefore.

Sorotski told police that Greg told her "I should have just got rid of her [Sheree] and then I would be done with her."She recalled telling him, "You're going to end up in jail and the kids will have nobody."

Susan Borys, a DNA expert, also testifiedon Tuesday. She spoke abouta blood spot found on Greg's truck.

Police and experts have testified that a spot of blood identified by the arrow at the bottom of the oval-shaped outline in yellow found on the tailgate of Greg Fertuck's truck matches a DNA sample taken from Sheree Fertuck's shaving razor. (Court of Queen's Bench)

Earlier in the trial, an RCMP officer testifiedabout examining Greg's truck for forensic evidence a little more than a week after Sheree disappeared. Officers detected a tiny blood spot on the tailgate of his vehicle.

Borystestified by video from Ottawa, where she is team lead of the DNA analysis unit with the the RCMP National Forensic Laboratory Services.

She said the DNA taken from the blood spot in Greg's truck was "identical" to the profile taken from the DNA on Sheree's razor. The chance of the sample matching with an unrelated Caucasian Canadian at random would be exceptionally small, she testified onein 68 quintillion (68 with 18 zeroes).

The lab also analyzed other areas in the truck, boots and shop towels, but no conclusive results were detected Borys told the court.

She testified that cleaning agents such as detergent, OxiClean or bleach could potentially degrade DNA evidence.

During cross-examination by defence lawyer Mike Nolin, she confirmed that there are limitations of DNA testing.

"I can't say how the DNA got there or when it got there," Borys said.

Pictured is the tiny spot of blood police found on the back of Greg Fertuck's truck. The blood matches a DNA profile taken from Sheree Fertuck's razor, court was told. (Court of Queen's Bench)

She also confirmed that she did not receive samples from Sheree's alleged competitors in the gravel business. The lab also didn't receive samples from Sheree's mom, who owned the home where Sheree's razor was located.

The judge-only trial is being presided over byJustice Richard Danyliuk, who will decide what evidence from the Mr. Big sting will be admissible to the trial once the Crown concludes its case.

The trial is scheduled for eight weeks and continues Wednesday, whenSheree and Greg's son is expected to testify.