Greg Fertuck is his own lawyer. Now he might be his own witness.
Greg Fertuck has no lawyer of his own to ask him questions, but he could testify in his own murder trial
Justice Richard Danyliuk presented the option to Fertuck, during a case management conference on Wednesday,
“You could get up there and testify. If you do that, of course, the other counsel will have questions for you,” Danyliuk said, reminding Fertuck he’s has no obligation to take the stand.
Fertuck is charged with first-degree murder in the death of Sheree Fertuck.
The Crown believes Fertuck shot and killed Sheree at a gravel pit near Kenaston, Sask. Her body has never been found.
The Crown's case relies heavily on an alleged confession Fertuck made to undercover RCMP officers during a complex sting operation.
While the Crown has closed its case, the defence isn’t done.
Fertuck – now representing himself in the trial — is planning on calling two more witnesses: the owner of the gravel pit and a gun expert.
Danyliuk reminded Fertuck that his closing arguments need to be based on court-entered evidence.
"If you decide not to testify, I just want you to be aware that you can’t, at the end of the trial, sit there and say, ‘Well, here's what I knew, and I did this on this date.' I can't consider any of that because that is not evidence,” Danyliuk said.
Seven days in February have been scheduled for the defence to present further evidence. Fertuck did not disclose if he will be testifying.
An accused taking the stand is a risky move, according to Dalhousie University law professor Robert Currie.
“Testifying in your own case comes with a lot of dangers because when a person is testifying, they're going to be open to cross-examination. It's easy to say things that might allow the Crown to respond in ways you wouldn't necessarily want them to respond,” Currie explained.
If Fertuck were to testify, he’d be both lawyer and witness.
“There's no defence lawyer to object if the Crown asks questions that they shouldn't be asking, which, you know, it happens all the time, lawyers ask questions that they shouldn't necessarily ask and there have to be objections. That process is managed much more easily if there are lawyers on both sides,” Currie said.
The trial began September 2021.
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