A Winnipeg man was found not guilty Wednesday of stabbing an elderly bootlegger to death -- after it was suggested in court the real killer was the Crown's "star" witness.
Martin Packulak walked out of court a free man Wednesday after jurors barely took an hour to reach their verdict.
Packulak had been on trial for second-degree murder for the October 2004 slaying of Gordon Catcheway. The 64-year-old man bled to death inside his Pritchard Street home after three men came to his door to buy black market booze.
Much of the Crown's case rested on the word of George McIvor, who was originally charged in the slaying only to have it dropped in exchange for his testimony.
McIvor's credibility came under constant attack from Packulak's lawyer and even the judge who heard the case and told jurors in his final charge to be extremely cautious about believing anything he said.
McIvor admitted on the stand he sells crack cocaine for a living, stood by while a man assaulted his mother's best friend leading to his death, was accused of a drive by shooting, and was later convicted of an armed robbery of a cabbie.
"My client's position is that the immunity deal here was signed with the real killer," defence lawyer Mark Wasyliw told the Free Press outside court Wednesday.
McIvor had told jurors Packulak was the only one who attacked Catcheway and denied any wrongdoing. He said that even though he is serving a three-year prison sentence for armed robbery -- the latest crime in his long criminal record -- he is now going straight because he is the father of a two-year-old.
McIvor also denied Wasyliw's accusation that he had an axe to grind against Packulak because he believed the man had told police about him committing an earlier crime.
But McIvor admitted it's the reason he had had nothing to do with Packulak for several years until just days before the slaying when he bumped into him and they decided to bury the hatchet on the matter.
"This is payback?" Wasyliw said, to which McIvor responded "I don't think so."
McIvor's sister also testified for the Crown this week, telling court Packulak admitted stabbing Catcheway in a conversation she overheard.
She said Packulak claimed the victim had grabbed on to him and he was just trying to get the man to loosen his grip when he jabbed a small knife into his chest.
"He said the old guy wouldn't let go and that he didn't stab him much, just a few times," said the woman.
Her character and credibility was also questioned by both Wasyliw and the judge, who noted her story was often inconsistent with what her brother said occurred.
www.mikeoncrime.com
PREVIOUS
