Folker murder trial underway, new jurors selected

Lawyers for the Crown in the trial of a man accused of second-degree murder made their opening statements in Supreme Court in St. John's on Tuesday.

Defence to begin opening statements Wednesday

The trial for David Folker, 42, was underway on Tuesday morning in St. John's. (Ariana Kelland/CBC)

The trial for a Nova Scotia man accused of second-degree murder hit another snag Tuesday, when the defence requested the trial be pushed back by 24 hours.

David Folker, 42, is accused of killing his former girlfriend and mother of his child, Ann Marie Shirran, on July 18, 2010. Folker is also charged with interfering with human remains.

Folker's trial was set to start on Monday, but four jurors were exempt at the last minute due to medical reasons.

The newly-comprised jury is made up of eight women and four men.

Lawyers for the Crown made their opening statements in Supreme Court in St. John's on Tuesday morning.

David Folker is charged with the second-degree murder of his former girlfriend Ann Marie Shirran. (RNC)

Lloyd Strickland and Iain Hollett are representing the Crown. Folker is being defended by Jason Edwards and Scott Hurley.

Strickland told the jury that they will hear from family and friends about the failed, strained relationship between Folker and Shirran, as well as police testimony that puts Folker in the area where Shirran's cell phone, glasses and purse were discovered.

"In July 2010, David Folker and Ann Marie Shirran were breaking up," Strickland said.

Strickland said Folker feared he would lose access to their son, who was one year old at the time.

Strickland said that the Royal Newfoundland Constabulary began to follow Folker's movements weeks after Shirran's disappearance. He said on two separate occasions, Folker took a vehicle for a test drive and parked near a wooded area on Blackhead Road. 

According to Strickland, the RNC watched as Folker walked out of the woods with plastic gloves.

He said the jury will hear that when the RNC went in the woods, they found Shirran's purse, cell phone and glasses, along with two moving blankets and a pair of sneakers, all spotted with Shirran's blood. 

The jury is expected to hear the defence's opening remarks and testimony from Shirran's mother on Wednesday afternoon. 

Folker has been out on bail and living in Nova Scotia since December 2010. He was arrested in September 2010, months after Shirran was reported missing from her home in the Kilbride area of St. John's.