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Joseph James Landry's police interview played for jury

11/26/2014 09:12 EST | Updated 01/26/2015 05:59 EST
A jury will continue watching police interviews with the Cape Breton fisherman accused of murdering Philip Boudreau last year.

A videotaped interview that Joseph James Landry gave to police after Boudreau vanished on June 1, 2013, was played for the jury at the Nova Scotia Supreme Court in Port Hawkesbury on Tuesday.

Landry, who has pleaded not guilty to second-degree murder, told an RCMP officer that Boudreau confronted his fishing crew and threatened to cut their lobster fishing gear while they were on the water on May 31, 2013.

"He came from nowhere in the fog. He hit the bow of the boat," said Landry, often waving his hand as he spoke to the investigator. "And then he turned around and he hit it again."

Landry told the RCMP that on the next day, he woke up at 3 a.m. and headed out to sea with his crew to collect their lobster traps but he did not see Boudreau on the water.

"I'm telling you the truth," said Landry. "Why would I lie?"

Landry said after the three-member crew hauled in their lobster traps, they went back to the wharf in Petit-de-Grat.

"And that's my story," he said.

'This is not a tea party, this is a murder trial'

What Landry told police contradicts the story told by witness Craig Landry on Monday.

Craig Landry also said in court that the Twin Maggies rammed Boudreau's boat several times that day before Boudreau was hooked with a gaff. But Craig Landry later said he did not actually see Joseph James Landry use the gaff to drag Boudreau out to sea and he did not watch as the Twin Maggies ran over Boudreau's boat three times, though he heard three thuds.

On Tuesday, the defence drilled Craig Landry on his testimony from the day before, asking him why he didn't say anything when Landry allegedly fired shots at Boudreau's boat.

Craig Landry says he was so frightened, he soiled himself.

When the defence asked if he cleaned himself up, the Crown objected, saying they were only trying to embarrass him on the stand. 

Chief Justice Joseph Kennedy allowed the defence to continue, but added, "This is not a tea party, it's a murder trial."

Craggs then asked Craig Landry whether he told police that he soiled himself because he was trying to make his story sound more believable. Craig Landry said he did not make it up.

Craig Landry, who is the accused's third cousin, was previously charged with second-degree murder but that was withdrawn. He now faces a charge of accessory after the fact.

Two other people are charged in the case.

The body of the 43-year-old Boudreau has not been found.

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