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Accused in murder trial was tormented, assaulted by victim, lawyer says

Nov 23 2011

Frederiko Kodiak Louie had been tormented, manhandled and assaulted by the man he is accused of stabbing to death at City Metro Suites, defence lawyer Robert Mulligan said Tuesday in B.C. Supreme Court.

Mulligan was making final submissions at the second-degree murder trial of Louie, who is charged with the fatal stabbing of Mark Henderson, 35, a fellow resident of the former Traveller's Inn at 626 Gorge Road East, on Nov. 11, 2010.

Mulligan urged Justice Robert Johnston to acquit Louie, 27, who suffers from fetal alcohol syndrome, on the grounds that he was acting in self-defence and did not intend to kill Henderson.

Johnston will deliver his decision on Dec. 15.

All the events of that night are sad and unhappy and characterized by drunkenness, said Mulligan. But the actions of the deceased have given Louie the grounds for self-defence and provocation.

Henderson was a dominating individual who refused to move away from Louie's door when he wanted to be left alone. He prevented Louie from shutting his door. He assaulted Louie in his room, then dragged Louie by the scruff of his neck into his room and assaulted him there.

"This man was a threat to Mr. Louie," said Mulligan.

Louie did not intend to kill Henderson when he delivered the fatal blow, said Mulligan. In an interview with Victoria police Sgt. Scott McGregor, Louie says Henderson dragged him down and wanted to fight.

"I'm pretty sure he didn't want to get stabbed but he's the one who brought it on himself ... It wasn't my intention," said Louie. "I thought I would have just nailed his sweater, right. I was trying to ward him off me and he wouldn't let go, so I did what I did out of self-defence."

Crown prosecutor Paula Donnachie argued that Louie was not acting in self-defence, but in anger and retaliation. He cannot claim a defence of provocation because the argument between the two men had dragged on for several hours, she said.

Although Henderson had dragged Louie into his room, straddled him and punched him, Louie's friend Roger Morrow had intervened. Louie was safely back in his room when he grabbed a knife or two knives and confronted Henderson, said Donnachie.

Louie had not been hurt by Henderson. He had not been chased by Henderson, said Donnachie. He told an undercover officer that Henderson just kept coming over and bugging him and had called him a rat in front of everyone at the motel.

"I've never taken anyone's life before, but he kept asking for it, right," Louie told the officer.

The very act of stabbing someone in the heart leaves little doubt of the person's intent, she said.

"Just because he said he was acting in self-defence or that this was an accident doesn't make it so," said Donnachie.

ldickson@timescolonist.com

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