The trial of a man accused in a double murder in Saanich continues as he was expected to present his self-represented defence in the fatal stabbing of two homeless people more than three years ago.
Christopher Cathcart, a tall man in his late 30s, appeared in Victoria court on May 7 to face allegations in the killings of William “Billy” Bradshaw and Stephanie Jade Elk. Both were killed on Oct. 19, 2022, and Cathcart has pleaded not guilty to both charges.
Bradshaw was found in a grassy area between Blanshard Street and Saanich Road with three stab wounds. A few hundred metres away, Elk – Cathcart’s girlfriend at the time – was discovered inside a home in the 3400-block of Bethune Avenue with 21 stab wounds.
Crown counsel has alleged Cathcart killed Bradshaw first, then Elk, and told the court that the victims’ blood and DNA were found on clothing and on a knife used in the attacks.
Cathcart entered the courtroom shortly after 10 a.m., his hands cuffed behind his back, and was escorted by a sheriff’s officer to the prisoner’s box.
Representing himself in the judge-alone trial, he asked for a cup of water while rummaging through a weathered Criminal Code and a large stack of papers covered in sticky notes.
Shortly after Justice Jennifer Power entered the courtroom, Cathcart said he was awaiting subpoenas he had requested from the court registry earlier that week. He said the subpoenas relate to three people, two of whom have already testified during the Crown’s case.
Citing an Australian case in which a murder conviction was quashed over mixed DNA evidence, Cathcart wants to recall the Crown’s DNA experts to challenge findings related to genetic material found on the knife used in the two killings.
Yet, despite his “best efforts,” Cathcart’s requests weren’t authorized on time.
“I can’t expedite the process,” he said. “You can’t file a subpoena without a date. Dates are always changing.”
Cathcart added these delays were in part due to deteriorating health, explaining that he had become “violently ill” while in detention at the Vancouver Island Regional Correctional Centre.
“I was projectile vomiting,” he said. “I couldn’t eat for three, four days. The nurses were coming in, I was given antibiotics.
“I couldn’t do anything so it’s not as if I was trying to wait till the last moment.”
When expressing uncertainty about how to proceed, Mark Berry – Cathcart’s amicus, who assists him by providing legal expertise – told the judge he would be willing to help the accused subpoena witnesses, call experts and apply for funding.
However, without clear and proper direction from Cathcart, Berry told the court he was of little help.
“I can assist if I have information,” he said. “But If I don’t have information, my ability to assist is rather limited.
“I’m prepared to go and have a chat with Mr. Cathcart and see if I can do what he’s asked.”
Following Berry’s remark, Power reminded Cathcart of his responsibilities and role.
“Mr. Cathcart, you’re self-represented, and I’ve told you on multiple occasions, and Mr. Berry has said it very, very many times that as amicus, he is not your voice,” she said. “But he’s also said very, very many times that he is willing to assist you.”
Power also emphasized the importance of Cathcart offering a clear defence as he began presenting his case.
“We’re now at the point in the case where you have to reveal your intentions with respect to your defence,” she said. “It’s necessary for you to have a frank talk with Mr. Berry, if you’re willing to do that, so that we can see where we are.”
Seeking to assist both Cathcart and Berry, Crown counsel Lorne Phipps said he would be willing to reopen the Crown’s case. However, in the absence of clear grounds for doing so, Phipps said Cathcart’s request appeared more akin to a “fishing expedition.”
“I think the Crown would be strongly inclined to agree to recall (the witness),” he said. ”If there’s a particular point that was likely to emerge from the evidence… the Crown would likely agree to an admission on that point.”
The trial, which started back in February, is ongoing.