Defence rests in David Folker murder trial

The Crown says it does not believe David Folker's account of how Ann Marie Shirran's skull was fractured when she died in July 2010.
David Folker insists that Ann Marie Shirran died after an unprovoked attack she unleashed against him. (CBC )

The defence in David Folker's second-degree murder trial said today it will call no other witnesses than Folker himself, who is charged with second-degree murder in the July 2010 death of Ann Marie Shirran. 

Folker, who took the stand in his own defence on Thursday, repeatedly said "false" during cross-examination on Friday morning, as prosecutor Lloyd Strickland laid one accusation after another against Folker's story of acting in self-defence. 

Ann Marie Shirran died in July 2010 at the Kilbride apartment where she lived with David Folker and their young son.
Strickland said Folker, a Nova Scotia native who lived in the Kilbride neighbourhood of St. John's with Shirran and their young son, hit Shirran from behind and that she did not have a chance to defend herself. 

"False," said Folker, as the jury watched the intense exchange. 

Strickland said Folker was upset that Shirran had told him she intended to leave him and take their son. 

"She stood between you and the baby, didn't she?" Strickland said. "Ridiculous," replied Folker, who continually said, "False" to each of Strickland's accusations. 

During earlier cross-examination, Strickland told the jury that the Crown does not believe Folker's account of how Ann Marie Shirran's skull was fractured when she died in July 2010.

Folker testified that Shirran struck her head after she confronted him in their apartment in the Kilbride neighbourhood of St. John's. Afraid of losing custody of their son, he testified, he decided to dispose of her body rather than call the police.

Strickland suggested that Shirran did not get two skull fractures from falls, but instead suggested that Folker killed Shirran — who, the jury has heard, wanted to end her relationship with Folker — by stomping on her head.

Folker's white, blood-smeared sneakers were found with other items that he has admitted to hiding in a wooded area off Blackhead Road.

Strickland suggested that Folker was wearing those sneakers when he attacked Shirran.

Folker, 42, denied it.

Earlier this week, chief medical examiner Dr. Simon Avis told the jury Shirran, 32, had similar fractures on both sides of her skull. He said those fractures could have occurred when Shirran's head slammed up against a flat surface.

Given that, Strickland told the jury that his theory makes sense.

Folker, though, insisted that he was defending himself against an unprovoked attack by Shirran, during which he threw her to the ground. He said he never meant to hurt her.

Reporter Ariana Kelland filed updates from Supreme Court.

With files from Ariana Kelland