Michael Joel-Hansen
Saskatoon StarPhoenix
A Saskatoon jury will decide if Roderick William Sutherland’s actions in a King George neighbourhood garage contributed to the death of Megan Michelle Gallagher.
Sutherland, 47 is on trial at Saskatoon Court of King’s Bench, charged with manslaughter, unlawful confinement and offering an indignity to human remains in connection with the killing more than five years ago.
The 30-year-old was last seen by her family on Sept. 19, 2020. She remained missing for two years, until information led to the discovery of her remains along the bank of the South Saskatchewan River near St. Louis on Sept. 29, 2022.
During Sutherland’s trial, which began last week, the jury heard that Gallagher was called to a garage on Weldon Avenue, tied to a chair and beaten. Her body and head were then wrapped in plastic.
The jury began deliberations around 2 p.m. Thursday after Justice John Morrall provided his instructional charge.
Morrall said to find the accused guilty of unlawful confinement, they must believe Sutherland was involved in Gallagher’s confinement.
The jury could find that he was aiding and abetting the other people in the garage who were holding Gallagher, or that he was wilfully blind to what was going on.
Jurors previously heard that a number of people asked Sutherland if they could use his garage to “question” Gallagher about an attack on Robert Bobby” Thomas.
Morrall said the accused could argue that he abandoned his participation in a crime that he previously agreed to take part in. To determine if this is appropriate, the jury must find the accused took steps to reverse the assistance they agreed to provide to commit the offence, and took reasonable steps to cancel out their role.
During the trial, Sutherland’s lawyer implied he took these steps when he told the people in the garage to leave.
Morrall said Sutherland didn’t have to consistently be present for the entire duration of events to be guilty, but added his presence at the scene is not enough, on its own, to convict him of manslaughter.
“Sometimes people just end up in the wrong place at the wrong time,” Morrall said.
None of the Crown’s witnesses said they saw Sutherland assault Gallagher.
However, Thomas, who pleaded guilty to second-degree murder in Gallagher’s death, said Sutherland told him he “got her back” for him.
While the coroner wasn’t able to provide an official cause of death due to the condition of Gallagher’s remains, Thomas testified that Summer Sky Henry wrapped her head in plastic before she died.
Henry pleaded guilty to manslaughter and is serving a seven-year sentence.
Morrall said in order to find Sutherland guilty of manslaughter, the jury must believe he committed the unlawful act of confinement, which lead to Gallagher’s death.
When it comes to committing an indignity to human remains, Morrall said the jury must be convinced that Sutherland knew Gallagher was dead and played a role in dumping her body off a bridge near St. Louis.
Morrall stressed the burden of proof is on the Crown, and the law doesn’t require the accused to prove anything. Sutherland did not testify at his trial.
It’s up to the jury to determine, based on the testimony, what happened in that garage five years ago, he concluded.
“You are the judge of the facts.”
