A shackled and handcuffed Devin Morningstar has now refused to give evidence in 22-year old Marissa Shephard’s first degree murder and arson trial for the third time.
The Crown called him again this week despite Morningstar making it clear on his previous two court appearances he would not be answering questions, regardless of whether he was under oath or not.
Justice Zoël Dionne reminded Morningstar refusing to testify could lead to a charge of contempt of court, which can carry substantial penalties.
Dionne said that penalty could include jailtime added to Morningstar’s existing sentence, but he will have an opportunity to provide a reason for his refusal in a future court appearance.
‘What you have witnessed here has all the indications of contempt of court,’ Dionne said.
He added the possible contempt of court charge would not be addressed within Shephard’s trial, and would instead be done separately.
To the jury, and the courtroom at large, Dionne said ‘you can rest assured Mr. Morningstar will be dealt with according to the law.’
The trial resumes this afternoon at 1:30 with the Crown calling pathologist Dr. Ather Naseemuddin to the stand.
