Legal defence for Linda Lorraine Howe, the woman accused in the March 31, 2009 shooting at Christ-enson Village, called its only witness before resting its case in Vancouver Supreme Court Tuesday.
Howe's lawyer Jim Bahen's strategy for the defence has been to suggest that Howe was under the influence of drugs and alcohol and was not capable of the intent to commit any crime. Bahen called Liz Borland, a friend of Howe's, to testify about her interactions with the accused in the months and days leading up to the shooting.
Borland, who said she has known Howe for about 13 years, said the two had met for shopping and dinner about once a month over the last year before the shooting. Borland's last meeting with Howe was in Howe's apartment in the Christenson Village assisted living complex just a few days before.
Borland, who appeared via video link from Sechelt, said Howe told her she had returned to drinking alcohol and that Howe was drinking a beer during the visit.
Judge Francis Cole, however, said since the comment about Howe's return to drinking did not come from Howe herself, it was hearsay and would not be considered as evidence.
Asked by Bahen what else she saw in Howe's apartment during the visit, Borland testified she saw what appeared to be drug paraphernalia.
"There was something that looked like it was used for intravenous drugs - a spoon and syringe," Borland said. "I thought it seemed to be out of place there because I had never seen it before."
Borland said the syringe's cap had been removed, but was not sure if the spoon had been used.
Borland's next visit to Christ-enson Village was on March 31 just moments after the shooting. She said she came by, knowing that Howe's eviction was scheduled for that day, and "just wanted to make sure they didn't take all her stuff and throw it in the dumpster."
She said she arrived and heard "a few bangs" and then saw Howe pushing her wheelchair down the hallway and carrying a rifle. She said she did not make contact with Howe.
Under cross-examination from Crown counsel Richard Cairns, Cairns asked Borland if she had any reason to be fearful of Howe. Borland said she did not and simply acted with caution by not approaching Howe.
"I didn't think she might shoot me, but I didn't want to put myself in harm's way for any reason," Borland said.
Bahen then told the court he had no more witnesses to call and that his final arguments would focus mainly on the three counts of attempted murder that Howe is facing and whether she was capable of having the intent to commit such crimes in her state of mind.
He said he would also touch on two of the charges of pointing a firearm based on the incident inside the home.
Bahen said his summation would not address the pointing of a firearm at salesman Spencer Williams or the armed robbery of Williams' car.
Howe has already plead guilty to three firearms offences including possession of a prohibited weapon and two counts of possession of a weapon without a licence.
Bahen must now prepare a written summation of his case and submit it to the Crown and Judge Cole by Aug. 10. The Crown will then have one week to make its written summation. The case is adjourned until Friday, Sept. 10, when the Crown and defence will present their summations to the court.
