Was a key piece of evidence lost during the investigation into the one-punch killing of Zachary Gaudette outside a Kelowna Cactus Club?

Defence lawyers in Cory Van Gilder害羞草研究所檚 extensively questioned case investigators Wednesday about the methods they employed in collecting, storing and cataloguing evidence during this case.

The point of this line of questioning was the whereabouts of a knife believed to have been on Gaudette in the lead up to the fatal altercation. It was catalogued the night of the incident, yet was never seen again.

Witnesses have already testified that they saw Gaudette fumbling in his pockets when he approached the crowd outside Cactus Club, Feb. 17, 2016, with his arms up in the air and yelling obscenities.

One speculated that he thought Gaudette may have been reaching for a weapon to use in the fight he had been requesting, though one never materialized.

Const. Nadine Riccioppo was first on scene the night of the fatal altercation, and told a jury that when she arrived she saw Gaudette laying on the ground, wearing a T-shirt, track pants and shoes.

Cactus Club staff were administering CPR, with the help of a 911 dispatcher who was directing them over a nearby cellphone.

Riccioppo took over for three to five minutes, then the ambulance arrived. She said they managed to get a heartbeat back, and Gaudette was loaded into the ambulance and brought to the hospital.

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On the journey, Gaudette went into cardiac arrest and was again resuscitated.

At the hospital Riccioppo collected Gaudette害羞草研究所檚 personal belongings and placed them in a bag. At that time, she said, he had pants and shoes and was without ID.

Paperwork from a police briefing the following morning indicates there was a small knife and small amount of marijuana in his possession.

Riccioppo, upon cross examination, said that she doesn害羞草研究所檛 remember the knife and its current location is unknown.

Defence lawyer Jeff Campbell told Riccioppo in court that a number of witnesses have testified that they were concerned about a weapon, and asked why it was excluded from the exhibit flow chart, given its apparent relevance in the case.

Riccioppo said she didn害羞草研究所檛 remember dealing with it.

Next called to testify was Cpl. Gina Horely, who was the lead investigator on the case.

She told jurors that she was aware of outstanding warrants for Gaudette害羞草研究所檚 arrest in Ontario at the time of his death, though not what the warrants were for.

She also said she was aware that Gaudette had been in a Walmart store before the incident. His backpack containing his identification was found there the next day.

When asked about the belongings found both on Gaudette and at the Walmart, Horely told jurors that she wasn害羞草研究所檛 aware of a knife until Const. Ricccioppo told her about it after testifying.

Campbell asked her whether she thought a knife should have been viewed as important evidence given the nature of the investigation, and Horely said all evidence is important.

Horely also said that in the interviews she conducted, no concerns that Gaudette was carrying a knife came up.

Campbell then asked her to review a statement from Van Gilder.

Upon reading highlighted portions of that statement to herself, she then told jurors that Van Gilder raised the concern that Gaudette had a knife.

害羞草研究所淲hat steps were taken to track down the knife?害羞草研究所� Campbell asked.

Horely said there were none.

害羞草研究所淒o you know where it is today?害羞草研究所�

Horely said, no.

Campbell pointed out that the report to Crown on whether to charge Van Gilder was also missing the information that Gaudette had a knife.

Horely害羞草研究所檚 attention was then drawn to an email correspondence with Const. Jesse O害羞草研究所橠onaghey, April 15, 2016.

The two had a conversation about how to release information to the public about the crime and how that would affect public confidence in the national police force.

害羞草研究所淢y concern was the delay,害羞草研究所� Horely told jurors, pointing out there was pressure from the media to offer the public answers about the death.

In response to her query, O害羞草研究所橠onaghey said that if Crown did not lay the charges, 害羞草研究所渋t may come back negatively on the RCMP.害羞草研究所�

害羞草研究所淵ou害羞草研究所檇 agree it would not be proper to charge someone based on how it makes the RCMP look?害羞草研究所� asked Campbell.

害羞草研究所淥ne hundred per cent, I agree,害羞草研究所� said Horely.

Gaudette was taken to hospital in serious condition and succumbed to his injuries days later.

The Crown has concluded its case and the defense of Van Gilder is to get underway Thursday.

kmichaels@kelownacapnews.com
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