THUNDER BAY - The evidence surrounding the deaths of Wilfred Pott and Anne Chuchmuch, when taken as a whole, points to only one individual says the crown, but the defense argues that individual is simply a convenient scapegoat.
Closing submissions were presented to the jury in a Thunder Bay Courtroom on Wednesday in the trial against 41-year-old Benjamin Ronald Marki, who is facing two counts of second-degree murder, one count of arson, and one count of committing an indignity to a human body in connection to the 2015 deaths of Pott and Chuchmuch.
Crown prosecutor, Andrew Sadler, asked the jury to conclude beyond a reasonable doubt that Marki is responsible for the deaths of Pott and Chuchmuch and he trusts they will reach that conclusion by examining all the evidence presented over the course of the six-day trial.
“I want to emphasize considering the evidence as a whole,” Sadler said during his closing submission. “Taken together with all the other evidence you heard, the only rational conclusion drawn from the whole of the evidence is that Benjamin Marki is guilty.”
Sadler’s closing submission focused on three key pieces of evidence – blood, gasoline, and knives found near the scene.
Sadler argued the knives, which were found on a snowmobile in the garage owned by Robert Guitard, could have been placed there by Marki when he was brought inside by Guitard after being found in the backyard at the time of the fire.
Guitard placed Marki near the snowmobile and even on it at one point that night during his testimony. And according to Sadler, Pott could only have been attacked shortly before the start of the fire because he was found by emergency crews with pulseless electrical activity and Guitard testified that he locked the garage that night before the fire.
“If someone else was to commit the murder and hide the knives in Guitard’s garage, they don’t have any time,” Sadler said. “The only thing that makes sense is that Mr. Marki put those knives there.”
Sadler also emphasized DNA evidence brought forward during testimony from expert witnesses during the trial, with DNA profiles matching Pott and Chuchmuch found on items seized at the crime scene, including one of the knives in the garage, Marki’s shoe, a paper towel Marki used to wipe his hands, and Marki’s two dogs.
A pair of jeans uncovered near the burned remains of Chuchmuch with blood-like staining and DNA profiles of Marki and Chuchmuch was also a key piece of evidence, Sadler said. He referred to a surveillance video from a local liquor store taken on Dec. 27, 10 hours before the fire that he argued shows Marki wearing those same jeans, referencing pre-torn holes found above the knee that he said could still be seen through the fire damage.
“That blood got onto Marki’s pants while he was killing Chuchmuch, he realized it and tried to burn the evidence,” Sadler argued. “Anything that has obvious blood on it he burned in the fire.”
Statements made by Marki on the night of the incident were also called into question by Sadler, who argued “Marki provides two different versions of what happened.”
These versions included Marki going to a bus stop and returning to the house after hearing sirens, and a second version where he stated he was out walking the dogs and returned to find the house on fire.
“Marki’s two version of events are inconsistent and don’t make sense,” Sadler said. “This is Marki making up a story for the evidence he knows police are going to find.”
Joseph argues Marki a convenient scapegoat
Defense attorney, George Joseph, said Marki is simply a convenient scapegoat, arguing the Crown’s case relied on circumstantial evidence and that all the puzzle pieces in this case can be put together to form several different pictures.
Regarding the physical evidence presented during the trial, Joseph argued gasoline found on Marki’s shoes could have gotten there in any number of ways and there is no way to telling how much or for how long the gas could have been there.
With respect to the knife, the length of the blade of eight centimetres does not match the 13.5 centimetre deep wound found on Pott.
“The knives, in my submission, are not the murder weapons,” Joseph said.
According to Joseph, the only thing the evidence of the jeans found near Chuchmuch’s body point to is that Marki may have been wearing them 10 hours prior to the incident and were found in a laundry room. He added it is not surprising they were found with blood-like staining given they were located near Chuchmuch’s body.
Joseph also addressed statements made by Marki to police at the scene of the fire, during which he said he was going to be blamed for the fire and that he should have got on a bus and left.
“It doesn’t make sense, but look at the circumstances from which he made that statement,” Joseph said, adding that Marki’s house had just burned, two people he referred to as mom and dad may be hurt, and he was under the influence of alcohol.
“There is absolutely no evidence of any motive for Ben to commit this crime,” Joseph said.
Jopseh concluded by telling the jury that it is not their job to solve the mystery of who killed Pott and Chuchmuch, but rather look at the evidence and determine if it proves, beyond a reasonable doubt, that Marki is the one responsible.
“Anne and Will did not deserve this fate,” Joseph said. “The way they died was horrific but Ben Marki does not deserve to be blamed for it.”
Complete coverage of Benjamin Marki trial
Day one: Double homicide trial against Benjamin Marki opens in court
Day two: TBPS officer and neighbor testify at Marki trial
Day three: Victims had several stab wounds, not breathing during fire
Day four: Gasoline present at starting point of Brant Street fire
