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Liburd murder trial could go to the jury today

Jurors could get to decide the fate today of George MacDonald (Messy) Liburd, the man accused of viciously murdering his former girlfriend Chena Trott.

The Supreme Court trial of Liburd, 32, began almost four weeks ago and will conclude today when the five man seven woman jury are expected to deliver a verdict.

Liburd has pleaded not guilty to murder but guilty to manslaughter with diminished responsibility. The plea, which is not accepted by prosecution lawyers has required defence counsel to show how Liburd was suffering from an abnormality of the mind which impaired his mental responsibility at the time of the killing.

This means the jury can acquit Liburd of the murder charge if he meets the legal criteria of the diminished responsibility plea and convict him of manslaughter, a conviction which allows the trial judge to determine the length of his sentence. The criteria for the diminished responsibility include an abnormality of the mind resulting from an arrested or retarded development induced by disease or injury that substantially impairs judgment and mental responsibility.

During the trial the court heard how Liburd stabbed Ms Trott, 33, the mother of three children, to death six times in broad daylight outside the Crawl Esso Tigermart on August 9, 2002. Eyewitnesses tried to stop the brutal attack but her killer fought off anyone who came close and tried to intervene with a kitchen knife.

Senior Crown Counsel Carrington Mahoney told the jury that it was up to them to decide what would constitute an abnormality of the mind and how they will use the expert testimony with their own common sense to arrive at a verdict.

The case, according to Mr. Mahoney, will send a message to society about protecting women and victims who are preyed on by violent criminals.

?This is not the case of ?poor Messy, the product of a violent household?, it is the case of murder most foul and the blood of Chena Trott is crying out for justice,? said Mr. Mahoney.

He said it was all too easy to forget the victims of violent crimes, but the time had come to let the pendulum of justice swing both ways. As Liburd sat expressionless in the dock, Mr. Mahoney told the court the case was ?replete with lies?.

Rather than believing a mental disorder prevented Liburd from planning the attack on Ms Trott, Mr. Mahoney said she was murdered at the hands of a violent and controlling individual.

?He is nothing but an evil person, there is not one thing wrong with him, he is just plain evil. It is up to you now to send a message to wider society, this is a classic case of domestic violence ending in murder.

?He decided to play God not only in Chena?s life but in everyone who knew her. He still has his mother but Chena?s children don?t have theirs. Justice requires that the guilty do not escape the consequences of their actions.?

Defence lawyer John Perry, QC, told the jury that finding Liburd guilty of manslaughter with diminished responsibility would not mean he would be set free into society. ?This was a case of unlawful killing and no one can seek to argue the contrary,? said Mr. Perry. ?To put bluntly this was a savage killing of Ms Trott ? she suffered a savage death under circumstances she did nothing to justify.

?Her young life was cut short, for her family and friends ? this is a tragedy. Undoubtedly you are feeling sympathy for the children who lost their mother, you may harbour a prejudice against Liburd, its natural you would have this emotion, however, put aside this sympathy, you are required as a jury to take a dispassionate role and arrive at the verdict by looking at the evidence.?

Mr. Perry continued: ?We say on his behalf that his responsibility was diminished at the time of the killing.?

Mr. Perry said Liburd told the court that he was going to see Ms Trott on August 9 to get back his cell phone and to pick up some belongings. He then lost it and acted out through behaviour consistent with his violent personality disorder.

Liburd, who has a history of abuse against women dating back to 1994, claimed he loved Ms Trott and killed her because he knew no other way of dealing with his emotions.

At the gas station that day, Mr. Perry said Liburd?s ability to think as a normal person was impaired as demonstrated by his actions. ?He tried to put her in the car, she resisted, he was surrounded by noise and he acted out, his executive functioning failed and he went into overload,? said Mr. Perry.

Dr. Paul Harlow, the former Chief Psychiatrist at the former St. Brendan?s Hospital and a specialist in forensic psychiatry, said Liburd was ?psychopathic? and displayed symptoms of a disease of the mind called morbid jealousy.

This disease, or syndrome caused him to stalk Ms Trott and accuse her of infidelity in the weeks leading up to her death.

In sharply contrasting evidence, a Canadian psychologist with the Vancouver RCMP, Dr. Matt Logan said Liburd did have a personality disorder ? a disorder common among most prison inmates ? however, told the court that this was distinct from a mental disorder.

Defence witness Dr. Ian Anderson told the court last week that at the time of the killing Liburd lost control of his actions and defaulted to his violent personality disorder, hearing nothing but ?noise? as he stabbed Ms Trott and tried to force her into a parked vehicle.

However, Mr. Mahoney argued that psychologists who assessed Liburd agreed he had a severe anti-social personality disorder, but maintained he was capable of ?planned retaliation?.

Dr. Philip Klassen, an expert forensic psychiatrist from Toronto, also told the court that delusional jealousy could not be ruled out as a factor influencing Liburd?s behaviour, but despite the diagnosis his behaviour was rooted in his power and control over Ms Trott.

Mr. Mahoney also read a chilling, curse fille statement to Police: ?That girl is a wicked bitch. I?d f***ing do it again, that girl is a f***ing bitch, I?d f***ing go off and sit up there (in prison) for life or I?d f***ing kill myself but, but I?d f***ing do it again. When I loved ? me loved deep. I?d f***ing do it again.?