9°c Partly cloudy
19°c Variable cloudiness
Winnipeg Free Press - PRINT EDITION
Suicide case in peril after witness injured
Man charged with failing to prevent wife's death
The case against a Winnipeg man accused of failing to stop his wife from committing suicide is in danger of falling apart, the Free Press has learned.
The Crown's key witness went missing, only to be found days later in a B.C. hospital with critical injuries following a mysterious accident.
Christopher Paul Henderson, 46, was arrested in August 2011 on charges of criminal negligence causing death and failing to provide the necessities of life. A preliminary hearing was set to begin next week.
But Crown attorney Nancy Fazenda requested an indefinite adjournment Friday on the grounds there is no case to present at this time.
Fazenda said she sent a subpoena last month to a woman who will present the bulk of the evidence against Henderson. When she couldn't be located, Winnipeg police began hunting for her. They tracked her down to a Penticton, B.C., hospital after she fell from an apartment balcony, court was told.
"Obviously, she's in no position to attend court. She's vital to the Crown's case," said Fazenda. "This witness can give very insightful evidence into the mindset of Mr. Henderson."
She detailed the woman's injuries, which include multiple broken bones, severe internal injuries and a shattered pelvis.
No other details about the fall were provided.
The witness already underwent emergency surgeries and will require further operations, followed by a lengthy rehabilitation, court was told.
Fazenda estimated it will be until at least next summer before the woman might be available to attend court and testify.
That prompted Henderson's lawyer, Ryan Amy, to ask that the case be ordered to proceed against his client without the witness. If the Crown is unable to prove the case, then Henderson should go free, he argued.
"Without this witness, the Crown does not have a case," Amy said.
He believes Henderson would ultimately be acquitted, saying the Crown is attempting to provide a "novel legal argument" that will likely fail.
Amy said he plans to challenge the witness about her testimony, including her state of sobriety at the time of the incident that led to his client's arrest.
"He's been waiting for this matter to proceed. Mr. Henderson denies any criminal wrongdoing," Amy said Friday.
Henderson's 55-year-old common-law wife, Darlene Westaway, died in October 2010 after police allege the two were drinking at her residence and she threatened to kill herself.
Police allege Henderson left the home and returned later, finding the woman was dead.
Police claim some time elapsed before the man called emergency officials about Westaway's death, which is expected to be the main issue in the case.
Provincial court Judge Wanda Garreck agreed with the Crown's request Friday to adjourn the preliminary hearing, but ordered lawyers to return to court on Feb. 5 with an update on the witness's condition.
Amy reserved the right to file a motion to dismiss the case on the basis of unreasonable delay, and Fazenda conceded the Crown may have to re-evaluate its position.
Henderson remains in custody.
He was originally granted bail, only to be re-arrested for allegedly violating his release conditions.
Westaway's family and friends have told the Free Press she battled mental illness and believe her death should have been prevented.
They said Westaway, a former gas company employee, was diagnosed years earlier with bipolar disorder and her quality of life gradually deteriorated.
www.mikeoncrime.com
Republished from the Winnipeg Free Press print edition January 5, 2013 A5
More Latest News
- Back to Top
- Return to Latest News
More Latest News
(1 of 5 articles for today)
Quick shuts out Sharks again, and LA Kings surge ahead in series with gritty 3-0 win in Game 5
12:41 AM 0
Poll
Most Popular Latest News
- Chiropractor guilty of sexually assaulting, beating ex-girlfriend
- 2 dead in crash near Portage la Prairie
- Flood money paid for CEO's romantic trip
- Crash claims two young women, RCMP say
- Woman run over three times by her own car
- Some good news, some bad news from weatherman
- Vendor fired at Houston's Minute Maid Park after taking tray of snow cones into bathroom
- Man dies after being pulled from vehicle submerged in Winnipeg retention pond
- Charges laid against three in Canada Revenue Agency fraud investigation
- Drug dealer sentenced to 3½ years in prison
- Man dies after being pulled from vehicle submerged in Winnipeg retention pond
- 87-year-old woman tells jurors, 'Somebody had to stand up to' Donald Trump
- Aboriginal leader Elijah Harper dies
- Horrific crash kills minivan driver near Brandon
- Chiropractor guilty of sexually assaulting, beating ex-girlfriend
- Charleswood deaths being investigated as domestic incident
- Woman killed in head-on crash in southwestern Manitoba
- Winnipeg woman camps out in front of legislature to protest child welfare
- 2 dead in crash near Portage la Prairie
- Grocer Joe Cantor dies at 88
- Seattle man dribbling soccer ball to Brazil killed by car on Oregon Coast
- Man dies after being pulled from vehicle submerged in Winnipeg retention pond
- 87-year-old woman tells jurors, 'Somebody had to stand up to' Donald Trump
- Driver crashes into tree near golf course
- Arrests made after raids on local head shops
- Aboriginal leader Elijah Harper dies
- News of city's $17-million winner leaks out on FB
- Passengers from diverted flight to leave Winnipeg Thursday night
- No threat from bag found at Winnipeg Square
- Susan Griffiths dies in Switzerland
- Chiropractor guilty of sexually assaulting, beating ex-girlfriend
- Youths in Stockholm burn down restaurant, torch more than 30 cars in 4th night of rioting
- Landslide of love for Fleetwood Mac
- Horrific crash kills minivan driver near Brandon
- Grocer Joe Cantor dies at 88
- 2 dead in crash near Portage la Prairie
- Vendor fired at Houston's Minute Maid Park after taking tray of snow cones into bathroom
- Quicker pickup of bulk garbage urged
- Privacy commissioner wants power to impose 8-figure fines against offenders
- Winnipeg Harvest issues plea for donations
- New owner for lumber stores
- Aboriginal leader Elijah Harper dies
- Grocer Joe Cantor dies at 88
- Chiropractor guilty of sexually assaulting, beating ex-girlfriend
- Horrific crash kills minivan driver near Brandon
- Marsh Madness: Photographers Fred Greenslade and Joe Bryksa capture spring migration's grandeur at Delta Marsh
- Prominent Canadians back petition to rename Victoria Day to honour aboriginals
- Famous city grocer loved job, customers
- Animals are animals, new ads say
- Skin picking gets status as distinct disorder, should help sufferers access help
- New owner for lumber stores
- Aboriginal leader Elijah Harper dies
- Dogs can experience separation anxiety and depression just like humans
- Ontario steps in to help save ELA
- Saskatchewan professor wants to test the health benefits of nose-picking
- 'Revenge of the redheads': Ginger-haired Montrealers gather in celebration
- Grocer Joe Cantor dies at 88
- Chiropractor guilty of sexually assaulting, beating ex-girlfriend
- An uncommon phenomenon
- Passengers from diverted flight to leave Winnipeg Thursday night
Ads by Google
You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is register and/or login and you can join the conversation and give your feedback.
Have Your Say
New to commenting? Check out our Frequently Asked Questions.
The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.