Letisha Reimer, 13, was killed Nov. 1, 2016 in a stabbing at Abbotsford Senior Secondary.

Letisha Reimer, 13, was killed Nov. 1, 2016 in a stabbing at Abbotsford Senior Secondary.

In surprise move, defence won’t call witnesses for accused in Abbotsford school killing

‘Change of instructions’ results in defence closing case without calling evidence

The lawyer for the man charged in the fatal 2016 stabbing at Abbotsford Senior Secondary surprised the courtroom Monday by announcing he wouldn’t be calling any evidence in his client’s defence.

Gabriel Klein, 24, is charged with the second-degree murder of 13-year-old Letisha Reimer on Nov. 1, 2016, and the aggravated assault of a 14-year-old girl (whose name is protected by a publication ban).

Klein’s trial began in B.C. Supreme Court on Oct. 1, but was paused throughout November and the start of December to allow another psychiatric assessment to be conducted.

The trial – which is being heard only by a justice, with no jury present – was expected to focus on Klein’s mindset on the day of the killings. His lawyer, Martin Peters, had suggested that he would argue Klein was “not criminally responsible” (NCR) for his actions due to mental illness.

Klein, who has been diagnosed with schizophrenia, was previously been found unfit to stand trial on three separate occasions. The BC Review Board ruled in January of this year that he was fit and could stand trial.

The defence was expected to begin its case Monday, including evidence from the psych assessment. It was also previously hinted that Klein would take the stand.

But Peters said in court that he had received a “change of instructions” from his client, and the defence would not be presenting any evidence.

“The defence case is now closed,” Peters said.

Crown lawyer Rob Macgowan said the announcement came as a surprise.

Speaking outside of the courtroom, Peters said he could not discuss why there had been a change in direction and why other witnesses – such as psychiatrists – were not called to testify for the defence. He said those reasons are protected by lawyer-client privilege under the law.

Both sides now come back to the New Westminster courthouse on Monday to begin their closing submissions, which are expected to take two or three days.

Peters is expected to use the NCR defence in his closing arguments.

Macgown, who concluded the Crown’s case on Nov. 1, said in his opening submissions on the first day of the trial that neither side is disputing that Klein stabbed the two girls.

The issue to be determined is whether Klein had the capacity to appreciate his actions and know right from wrong at the time of the offence.

RELATED: Man charged in fatal Abbotsford school stabbing to use ‘not criminally responsible’ defence, trial hears

RELATED: Accused Abbotsford school killer found fit to stand trial

Like us on Facebook and follow us on Twitter

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

Just Posted

The suspect in a Nov. 22 attempted robbery at the Ryan Road 7-Eleven has been arrested. Photo supplied
Courtenay man arrested in connection with attempted robbery at 7-Eleven

A 19-year old Courtenay man has been arrested following an attempted robbery… Continue reading

The Nov. 20 WestJet flight 3171 has been identified by the BC Centre for Disease Control with a COVID case aboard. (Black Press file photo)
COVID-19 exposure reported on a fifth flight at Comox airport

Another exposure risk from flight originating in Calgary

The School District 70 administration office in Port Alberni. AV NEWS FILE PHOTO
Four Alberni schools reporting COVID-19 exposures

Exposures occurred between Nov. 19 and Nov. 25 depending on the school

The Royal Canadian Legion Branch 160 Comox, B.C. Poppy Chairman, Kent Guilford presenting cheques to the following organizations in support of their venues: (top left) The Sea Cadet Corps who assisted in last year’s Poppy campaign. (Top right) CFB Comox, Military Family Resource Center, Kim Hetherington, executive director MFRC. Bottom, The Views at St Joseph’s, Jessica Aldred, Health Care Foundation, Michael Aikins, senior operations leader. We wish to Thank All those who supported last year’s Poppy Campaign and we hope we will have your continued support this year. Thank you all.
Comox Valley gives back

Spotlight on some of the groups, businesses and individuals who make the Comox Valley great

A B.C. Ambulance Service paramedic wearing a face mask to curb the spread of COVID-19 moves a stretcher outside an ambulance at Royal Columbia Hospital, in New Westminster, B.C., on Sunday, November 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest weekend of COVID-19 pandemic with 46 deaths; more than 2,300 cases

Provincial health officer Dr. Bonnie Henry provides COVID-19 update

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

Kettle bells sit aligned in an indoor fitness studio. (PIxabay.com)
1 COVID-19 case at a B.C. fitness studio leads to 104 more infections, 6 school exposures

According to case data released by Fraser Health, one case of the novel coronavirus carries a big impact

Vehicles drive past a display thanking essential workers in Burnaby, B.C. on Sunday, Nov. 29, 2020. THE CANADIAN PRESS/Marissa Tiel
B.C. changing COVID-19 case reporting as virus spread continues

Manual counting takes more time, leads to errors

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Mask fundraiser helps make children’s wishes come true

From Black Press Media + BraveFace – adult, youth and kid masks support Make-A-Wish Foundation

Christy Jordan-Fenton is the co-author of the book Fatty Legs, which has been mentioned amid the controversy of an Abbotsford school assignment on residential schools.
Co-author of residential schools book condemns controversial Abbotsford class assignment

Children’s book mentioned amid controversy at W. A. Fraser Middle School

Kootenay East MLA Tom Shypitka takes over as energy and mines critic for the B.C. Liberal opposition. Kelowna-Lake Country MLA Norm Letnick (right) moves from health critic to assistant deputy speaker. (Hansard TV)
B.C. Liberals pick critics to take on Horgan’s NDP majority

Interim leader Shirley Bond takes seniors, long-term care

Left to right: A screenshot of NTC nurse navigator Lesley Cerney, FNHA regional mental health manager Georjeana Paterson and Island Health’s medical health officer Dr. Charmaine Enns addressing Ehattesaht community members from Ehatis reserve in a Facebook live update. (Ehattesaht First Nation/Facebook)
Medical team sent to Ehatis reserve near Zeballos to guide community through COVID outbreak

17 cases, eight recoveries and no hospitalizations as Island Health praises First Nation’s response

Deputy Prime Minister and Minister of Finance Chrystia Freeland listens to a question from a reporter on the phone during a news conference in Ottawa, Monday, Nov. 30, 2020. THE CANADIAN PRESS/Adrian Wyld
Spending too little worse than spending too much, Freeland says as Canada’s deficit tops $381B

‘The risk of providing too little support now outweighs that of providing too much’

Most Read