The Saskatchewan Court of Appeal has granted a new trial for a woman convicted of beating Brandon Keenatch to death during an apartment party in North Battleford.
Chief Justice Robert Richards, with Justice Ralph Ottenbreit and Justice Neal Caldwell concurring, ruled the trial judge erred by overlooking evidence that was key to Julianne Lacey Necroche’s defence.
A group of people was drinking at the apartment where Keenatch was attacked on Nov. 13, 2013. Witnesses testified at trial that the victim was extremely drunk and inappropriately touching people. Four witnesses said Necroche participated in the beating by punching and kicking Keenatch in the head. He later died from a brain injury.
Court also heard recorded interviews from two other witnesses who didn’t come to court, but spoke to police. The men did not implicate Necroche in the final and deadly assault that took place in a bedroom of the apartment.
The defence argued the trial judge summarized other witness testimony and exhibits in his decision, and therefore had a duty to consider the brothers’ evidence as well. Justice Richards agreed, ruling that the judge “failed to consider evidence material to the ultimate issue in the case before him.”
Although Necroche’s appeal focused on her role in the attack, Richards said it would be unnecessary to delve into the judge’s reasons for his conviction because of the error in law.