Crown, defence debate when Bruce McArthur should get chance at parole

Crown lawyers said Tuesday that "sexual predator" and serial killer Bruce McArthur should not be eligible for parole for 50 years.

Meanwhile, the defence argued that because of McArthur's age, it's unnecessary to extend parole eligibility beyond the mandatory minimum of 25 years meaning the 67-year-old killer would be at least 91 before he could apply.

If the judge sides with the Crown,McArthurwill be 116 before he's eligible for parole, said defence counsel James Miglin.

That sentence would be"unduly harsh," he said.

Ontario Superior CourtJustice John McMahon must rule on McArthur's parole eligibility, and will announce his decision on Friday.

McArthurhas not addressed the court during this week's sentencing hearing.He pleaded guilty to eight counts of first-degree murder last week.

• You can follow the full sentencing hearinghere

However, two of the killings took place before 2011, when the Criminal Code was changed that allow for consecutiveperiods of parole ineligibility. For offences committed before the law went into effect, all life sentences and related parole ineligibility periods are served concurrently.

The murders ofSkandarajNavaratnam, 40,andAbdulbasirFaizi, 44,happened in 2010.

Crown lawyerCraig Harper arguedthatMcArthur'sguilty plea should not be considered a sufficient mitigating factor in the sentencing"when you take the enormity ofMcArthur'scrimes" into account. The fact thatMcArthurrevisited images and "trophies" from the killings shows a lack of shame or remorse, he argued.

• How BruceMcArthur's8 murders fit a pattern with other serial killers

He also told the judge that grantingMcArthura parole hearing after 25 years means the families of his victims may have to face him again in court.

"There are no similar offenders to Mr. McArthur," Harper said to the court. He added that McArthur's killings stoked widespread fear in Toronto's LGBT community, forcing people to compromise how they lived their lives.

Harper said it'simpossible to "quantify" the suffering McArthur's crimes havecaused to the eight victims and their family and friends.

The Crown also saidMcArthur was an "ongoing danger" up until the moment he was arrested, noting a man was found tied to his bedwhen policeintervened.

'Events were horrific,' says defence

Miglintold the court that his arguments are not an attempt to diminish McArthur's crimes.

"The events were horrific. The moral blameworthiness of McArthur are exceptionally high," said Miglin.

McArthur'sguilty plea carries an automatic life sentence, he said, so the sole issue is whether to extend his parole eligibility beyond the mandatory minimum.

Miglinsaid that, like confessed serial killer Elizabeth Wettlaufer, McArthur's guilty plea had quickened the court proceedings, benefiting the victims' family and friends.

"I think it's impossible to overstate," the public resources that were saved inMcArthurpleading guilty,Miglinsaid.

The judge acknowledgedMcArthur'sguilty plea prevented a trial that would have been "brutal in nature."

But the Crown had earlier said the judgeshould not considerMcArthur'scase similar to Wettlaufer'swho is servingeight concurrent life sentences for murder because hershinged on her willing confession.

Nobody would have known about the ex-nurse'scrimes without her confession, Harper said,while McArthur was caught because of a police investigation.

Harper also said McArthur's crimes were considered a "breach of trust" because he had relationships with many of the victims, such as his decade-long friendship with Andrew Kinsman.McArthur's victims had "no reason to fear him," Harper said.

The Crown also notedif McArthurwere older for instance, in his 80s the judge would still have to give him 25 years without parole, even if that meanthe would die behind bars.

In addition to the murders of NavaratnamandFaizi in 2010, McArthurhas also admitted to the killings of Kinsman, 49, Selim Esen, 44,Kirushna Kumar Kanagaratnam, 37, Dean Lisowick, 47, Soroush Mahmudi, 50, and Majeed Kayhan, 58.