THUNDER BAY – The fate of Shaldon Wabason will soon be in the hands of a jury.
Both the Crown and defence made their closing arguments on Monday at the Thunder Bay Courthouse in the second-degree murder trial of Shaldon Wabason, who was charged in the March 2011 death of 54-year-old Robert Topping.
Wabason was one of four people, along with Nicholas Webber, Christopher Hawk and Cody Thompson, to be charged in connection with the home invasion and subsequent stabbing death of Topping on March 19, 2011. Webber pleaded guilty to manslaughter and was sentenced to 10 years in prison, Hawk pleaded guilty to robbery and Thompson died while in custody in August 2011.
Defence lawyer Delmar Doucette acknowledged that Topping, who came to the aid of friend Paulette Cloutier when the Minnesota Street home she was staying in was being broken into, died a hero but the jury needed to focus on facts.
“Shaldon Wabason did not stab Robert Topping,” Doucette argued in the opening minutes of his nearly two-hour long submission. “Shaldon Wabason was not in Paulette Cloutier’s house when Robert Topping was stabbed.”
He went through the evidence in the case, starting with the events leading to Wabason and the others to arrive at the Minnesota Street home where Cloutier was housesitting for her son.
The four men, along with Marissa Thompson, were looking for marijuana after a night of partying and went to the house where Cloutier’s son was known to sell marijuana.
Doucette emphasized Wabason’s testimony during the trial he was a member of the group that broke into the home, even kicking the door open himself. But Wabason, who was 19 at the time of the incident, claims he stayed outside as a lookout and only ventured in once to investigate what was going on. He testified he was not inside the house when Topping arrived, but was standing on the street corner, when the four fatal stab wounds were inflicted.
He proceeded to call into question the testimony of two key Crown witnesses, Cloutier and Marissa Thompson. Doucette labelled Thompson an “outright liar” who was attempting to cover for her cousin and said Cloutier’s memory was confused by the trauma from that fateful evening and was making assumptions to fill in gaps.
These assumptions led her to believe there were four men in the home instead of three, Doucette argued.
Doucette asserted there was clear and conclusive evidence Webber stabbed Topping, pointing to blood evidence from both men on Webber’s sweater.
“The Crown failed to prove beyond a reasonable doubt that Mr. Wabason was the stabber,” he told the jury.
Crown attorney Rob Kozak countered, arguing Webber, Thompson and Wabason were all in the bedroom when Topping was stabbed and all bear responsibility.
“The Crown can’t tell you who stabbed Bob Topping,” he said, but insisted all three knew a knife was present and possessed guilty knowledge.
Kozak questioned the plausibility of Wabason’s testimony that he would kick down the door to a home and then not proceed inside, as well as abandon his friends while they were engaged in a conflict inside the house.
“It was my position they were together start to finish and stayed together,” he told the jury.
Court has been adjourned until Thursday morning, at which time Justice Terrance Platana will deliver his charge to the jury and the 12 members will begin deliberations.
