Oscar Arfmann began his trial in May for the first-degree murder of Abbotsford Police Const. John Davidson in 2017. The case now goes to closing arguments on Aug. 1 and 2. (Sketch by Jane Wolsak)

Defence won’t call evidence on behalf of accused killer of Abbotsford police officer

Closing arguments in trial of Oscar Arfmann to take place Aug. 1 and 2

The man accused of killing Abbotsford Police officer Const. John Davidson in 2017 was expected to testify Monday morning during his trial, but his lawyer informed the court that due to a “change in instructions,” the defence would be calling no witnesses.

Defence lawyer Martin Peters informed the court that the case will now be remanded until Aug. 1 and 2 for closing arguments.

Oscar Arfmann’s judge-only trial began May 27 in B.C. Supreme Court in New Westminster for the November 2017 fatal shooting of Davidson, 53, a 24-year police veteran.

Outside the courtroom, Peters told reporters that Arfmann informed him Sunday morning that he would no longer be taking the stand.

READ MORE: Const. John Davidson was ‘ambushed’ by shooter, Crown says on first day of trial

READ MORE: Dash-cam video in trial of accused cop shows man with a gun

Peters said he could not elaborate on the reasons that Arfmann changed his mind about testifying.

He said every case is different, in terms of whether a lawyer recommends that a client testify, but the ultimate decision resides with the accused.

“I think there’s generally a reluctance to expose your client to cross examination, particularly in a case like this, where there has been a considerable amount of Crown evidence which would have to be addressed by the client on the stand,” Peters said.

To convict Arfmann, the judge must be persuaded beyond a reasonable doubt that the Crown proved Arfmann killed Davidson, regardless of the lack of evidence by the defence.

With no other witnesses set to testify for the defence, the case now proceeds to closing arguments. The Crown will present its arguments first, and the defence will respond.

The judge will then render a verdict. She could decide to do so at the end of closing arguments, or set another date to do so.

There would be no sentencing hearing, as a conviction for first-degree murder comes with an automatic life sentence and no parole eligibility for 25 years.

Peters said he could not get into detail about what he plans to present during his closing arguments.

“We have a pretty good idea of where the Crown’s going. It’s been a very long Crown case and quite detailed, so there’s a lot of evidence to address. We’re certainly prepared to do that, and we’re looking forward to that,” Peters said.

Davidson was gunned down Nov. 6, 2017, when he was the first officer to arrive on the scene of a shots-fired call at a business complex on Mt. Lehman Road in Abbotsford.

During opening statements on the first day of the trial, Crown lawyer Theresa Iandiorio said Davidson was “ambushed” by Arfmann and shot from behind. She said Arfmann shot Davidson a second time when he was on the ground and motionless.

Arfmann was arrested not far from the scene after his vehicle was rammed and he was shot at by pursuing police officers. Iandiorio said items found in the vehicle he was driving included a rifle, ammunition and several knives.

About 30 witnesses testified for the Crown during the trial, including those who were at the scene of the shooting, police officers who investigated, a pathologist and a DNA expert.

Report an error or send us your tips, photos and video.

Vikki Hopes | Reporter

@VikkiHopes

Send Vikki an email.
Like the Abbotsford News on Facebook.
Follow us on Twitter.

 

Abbotsford Police Const. John Davidson was killed in the line of duty on Nov. 6, 2017.

Just Posted

Abbotsford woman photographs massive ant swarm in Auguston

She asked what the ants were doing? The answer: war

Westbound crash on Highway 1 in Langley causing extreme traffic delays

Collision occured just after Glover Road, cars backed up all the way to 264th Street

How do you get rid of fruit flies?

Several methods to remove the pesky critters highlighted

Speeding traffic damaging heritage homes in Clayburn

Residents of Abbotsford’s Clayburn Village say Sumas Mountain development driving problem

VIDEO: Abbotsford ATV accident sends one person to hospital with leg injuries

Accident occurred at a large rural property on Downes Road

VIDEO: Grizzly bears fight along northern B.C. highway in rare footage

Cari McGillivray posted the head-turning video, shot near Stewart, B.C., to social media

Handgun crackdown, health spending and transit plans latest campaign promises

Friday was the end of a busy week on the campaign trail

Police arrest B.C. phone scammer linked to illegal call centres in India

Person arrested in Burnaby here on a work visa, says police

Air Canada forced girl, 12, to remove hijab: civil rights group

The San Francisco Bay Area office of the Council on American-Islamic Relations calling for change

Man from Winnipeg who was hiking alone found dead in Banff National Park

RCMP say the man was hiking alone on Mount Temple Thursday

Takaya, B.C.’s intriguing lone wolf, seen eating seal and howling away on Discovery Island

Fun facts about Takaya the wolf, like his a 36-hour tour around Chatham, Discovery Islands

Surrey school district OKs students skipping class for global climate strike

Students must be excused from school by parents; will be able to make up missed work without penalty

Resident finds loaded shotgun inside a duffle bag in Kelowna alleyway

RCMP seized a loaded 12-gauge shotgun, ammunition, clothing and other items

Most Read