Judge rules in favour of 'beyond-the-grave' evidence in murder case

SYDNEY, N.S. -- A judge has ruled she'll accept a statement from a witness who is now dead that implicates a Cape Breton man accused of murdering a 19-year-old woman in 2006.

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Judge Robin Gogan heard arguments on the "beyond-the-grave" evidence over the past week at the Nova Scotia Supreme Court trial of Thomas Ted Barrett in Sydney.

A video showed Sheryl Ann Flynn telling Cape Breton Regional Police interviewers that Barrett informed her in 2009 that he'd strangled Brett Elizabeth MacKinnon three years earlier. Flynn died of a drug overdose on Oct. 13, 2013.

Barrett is being tried for the second-degree murder of MacKinnon, with closing arguments expected Friday.

MacKinnon was last seen in early June 2006 and was reported missing on July 13 of that year.

On Nov. 21, 2008, local residents found her remains near a hiking trail on the outskirts of Glace Bay.


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