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)

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

  • Jul. 24, 2019 10:31 a.m.

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.

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.

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

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.

signoff

Get local stories you won't find anywhere else right to your inbox.
Sign up here

 

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

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

Just Posted

This photo shows Franklin River Camp "B" circa 1940. Logging was started in the Franklin River area by Bloedel, Stewart & Welch in 1934. This is one of 42 photos of the Franklin River area, donated together in an album put together by the donor's husband, Stanley Young. Young worked as a highrigger in the Franklin River area from 1939-46. This is one of 24,000 photos contained in the Alberni Valley Museum’s digital archives, available for public viewing at https://portalberni.pastperfectonline.com. (PHOTO PN10830 COURTESY ALBERNI VALLEY MUSEUM)
LOOK BACK: Logging along Franklin River

Take a peek at Alberni Valley history with the Alberni Valley Museum

Getting enough Vitamin D can be challenging for Canadians, especially during winter months. (CONTRIBUTED)
ACTIVE LIVING: The ‘sunshine vitamin’ plays a vital role in our health

Port Alberni registered dietitian Sandra Gentleman writes about health issues

Courtenay-Alberni NDP MP Gord Johns gives a thumbs up to active transportation during a presentation of the Alberni Valley Chamber of Commerce's Bike SEAT program at McLean Mill National Historic site in Port Alberni on April 16, 2021. (SUSAN QUINN/ Alberni Valley News)
QUINN’S QUIPS: MP Gord Johns takes victory ride for cycling strategy

Johns gained a reputation as the bicycle-riding MP during his first year

A B.C. Centre for Disease Control map showing new COVID-19 cases by local health area for the week of April 25-May 1. (BCCDC image)
Vancouver Island’s COVID-19 case counts continue to trend down

Fewer than 200 active cases on the Island, down from highs of 500-plus earlier this spring

Volunteers from the Alberni Valley Enhancement Society release a bucket filled with 5,000 coho fry into Kitsuksis Creek on the bridge at Batty Road, Saturday, April 24, 2021. (PHOTO COURTESY DAVID HOOPER)
Volunteers release thousands of coho fry into Port Alberni creeks

Fry come from small hatchery on McLean Mill National Historic Site

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
B.C. to start releasing neighbourhood-specific COVID numbers after data leak

Documents obtained by the Vancouver Sun show cases broken down by neighbourhoods

Ladysmith RCMP safely escorted the black bear to the woods near Ladysmith Cemetary. (Town of Ladysmith/Facebook photo)
Black bear tranquillized, relocated after wandering around residential Ladysmith

A juvenile black bear was spotted near 2nd Avenue earlier Friday morning

Provincial health officer Dr. Bonnie Henry and Health Minister Adrian Dix update B.C.’s COVID-19 situation at the B.C. legislature, April 29, 2021. (B.C. government)
B.C.’s COVID-19 case count creeps up, seven more deaths

445 people in hospital, 157 in intensive care

Summerland’s positive test rate is much higher than surrounding local health areas, according to internal BC CDC documents. (BC CDC)
Summerland 3rd behind Surrey, Abbotsford in daily per capita COVID-19 cases

Interior Health is rolling out additional vaccine availability to the community

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Amazon is pausing its Prime Day marketing event in Canada this year amid ongoing COVID-19 outbreaks at its facilities in Ontario. THE CANADIAN PRESS/Nathan Denette
Amazon Prime Day halted in Canada due to COVID-19 outbreaks in warehouses

The event was postponed to protect the health and safety of employees and customers, the company says

Ally Thomas, 12, seen in an undated family handout photo, died on April 14 from a suspected overdose. Her family says they are frustrated more public supports weren't available when they tried to get her help. THE CANADIAN PRESS
Minister says suspected overdose death of 12-year-old pushing B.C. to ‘do better’

Minister Sheila Malcolmson of Mental Health and Addictions says the government is working ‘as hard as we can’ to build a system of care for youths

At this Highway 3 check point, police officers will be asking for identification from drivers, documentation regarding the driver’s name and address, and the purpose for the driver’s travel. (RCMP)
No fines handed out at 1st COVID-19 roadblock as checks move across B.C.

Cpl. Chris Manseau says a total of 127 vehicles were stopped at a roadblock in the Manning Park area

Most Read