Trial ends with manslaughter plea

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This article was published 09/09/2023 (1099 days ago), so information in it may no longer be current.

After three days of hearing evidence in a murder trial, lawyers struck a deal that resulted in the accused pleading guilty to a lesser charge.

Nicholas Joseph Mass pleaded guilty to manslaughter in a King’s Bench courtroom on Friday. Mass was charged with second-degree murder but pleaded to the lesser included offence of manslaughter. In Canada, second-degree murder requires the Crown to prove intent to kill or cause death, whereas manslaughter is a killing that lacks the intent to prove murder.

Mass is the son of Catherine Mass, 61, whose body was found by Killarney RCMP on March 12, 2021, wrapped in a tarp in the basement of the Ninette home where she lived with Nicholas. The trial began earlier this week on Tuesday with the Crown presenting evidence through the testimonies of seven witnesses.

After Mass pleaded guilty to manslaughter, Crown attorney Rich Lonstrup gave reasons for why prosecution agreed to accept the plea to the lesser charge. He said that the Crown would not be able to provide evidence to make out the intent requirement of the charge second-degree murder.

“The Crown would not be in a position to prove beyond a reasonable doubt that the accused was not intoxicated to the point that it impacted his ability to form the requisite intent for murder,” Lonstrup said.

The Crown attorney said that both sides agreed on the fact of Mass strangling Catherine in some way, sometime between March 9, 2021, and March 12, 2021.

At the judge-alone trial, defence lawyer Saul Simmonds cross-examined RCMP officers on their lack of inquiry into the presence of hallucinogenic drugs at the Mass’ home and if they had determined if Nicholas was coming off of any drugs when police found Catherine’s body and arrested Nicholas.

During the trial, the court heard from a pathologist who testified that Catherine died by strangulation and that injuries to her body were consistent with a strangulation caused by hands applying pressure to her neck.

Simmonds did not continue with the cross-examination of the pathologist, raising concerns with the pathologist’s evidence. Simmonds said that defence had not received any disclosure of any evidence about what caused the strangulation.

The cross-examination was paused to give defence time to consult another expert. After discussions, court resumed on Friday and lawyers told the judge they had reached a resolution that resulted in a plea to manslaughter.

Lonstrup said that more facts will be presented at the sentencing proceedings, a date for which will be determined later. Simmonds said that the Crown could ask for up to 14 years behind bars.

Defence said that they will not order a pre-sentence report for Mass.

A date for the sentencing will be set on Oct. 10, when the matter is next scheduled to be spoken to in King’s Bench.

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