Skip to content

Jury begins deliberations in Malley first-degree murder trial

A jury will begin deliberating this afternoon in the first-degree murder trial of an Innisfail financial advisor accused of killing a former client with a pipe bomb.

A jury will begin deliberating this afternoon in the first-degree murder trial of an Innisfail financial advisor accused of killing a former client with a pipe bomb.

Red Deer Court of Queen’s Bench Justice Kirk Sisson spent more than two hours carefully reviewing the law as it relates to the charges against Brian Malley, 57.

As always, the accused is presumed innocent and the Crown prosecutor is responsible for making the case that he is guilty of the crimes beyond a reasonable doubt, said Sisson.

The judge also told the jury that given the facts presented in the case, the jury must find the accused guilty or not guilty of first-degree murder. Lesser charges of second-degree murder or manslaughter cannot be considered.

The Crown and defence lawyer also agreed that whatever the verdict found on the first-degree murder charge must also apply to the charges of creating an explosion causing serious injury or death and sending an explosive.

Sisson recapped the positions of prosecutors and defence but reminded jurors that they must make their decision on the basis of all evidence provided during the five-week-long trial.

The Crown says that Malley manufactured the bomb to cut his losses and get rid of a problem client whose large investment with him had been reduced to almost nothing by market conditions, Shachtay’s spending and her expenses.

The defence told the jury that Malley had no reason to kill Shachtay and there was no evidence that he knew how to build a bomb or that he did so.

Thirteen jurors sat throughout the trial as a precaution in case someone could not continue. On Tuesday, the number of one juror was called and he was dismissed, leaving eight women and four men to decide the case.

The jury will be sequestered until it reaches a decision.