A first-degree murder trial that has spent a month navigating an incident in 2016 took a step back in time on Friday — and toward a different case — as the defence opened with its first witnesses.

Lawyers Mark Gruchy and Jeff Brace are defending Dean Penney, charged in the death and disappearance of his estranged wife, Jennifer Hillier-Penney. Penney has pleaded not guilty, and her body has never been found.

Penney is being tried by jury in Newfoundland and Labrador Supreme Court in Corner Brook.

Their first witness was Lee Lush, a retired RCMP officer who spent a portion of his career in St. Anthony. Gruchy asked him questions about a missing person case he worked on, which began in April 2002.

Lush testified Mildred Dawe Sexton was last seen on April 18, 2002. She was seen the day prior walking on a road that would have taken her out of St. Anthony. Sexton was 47 when she disappeared, and Lush said there were no indications of foul play.

When Lush joined the case in 2005, he testified that part of his job was interviewing Sexton’s parents. Through the interview, and community rumours he said were circulating at the time, he became aware of Derick Hillier.

Court hears criminal past of Jennifer Hillier-Penney’s cousin:

Dean Penney’s defence begins its case in Corner Brook murder trial

The defence has started their work as part of the next phase of Dean Penney’s murder trial in Corner Brook. Lawyers called their first two witnesses on Friday, looking to further bolster their case of an alternate suspect in Jennifer Hillier-Penney’s death. The CBC’s Alex Kennedy reports.

Lush testified that Hillier was charged with uttering threats toward a woman, Louise Hedderson, in January 2003. While holding a knife, Lush said, Hillier spoke of Sexton. Lush read Hillier’s statement in the courtroom.

“If you open your mouth about anything, then you’ll disappear like Mildred did,” the statement made by Hillier read.

Hedderson is now dead, unable to provide further detail.

Derick Hillier — who is also deceased and unable to defend himself — is Jennifer Hillier-Penney’s cousin. His name has been brought up by the defence several times during the trial.

He was brought up as a potential suspect by Dean Penney’s mother in her statement to police in the days that followed Nov. 30, 2016 — when Hillier-Penney was reported missing.

Hillier was also a focal point of Gruchy’s cross-examination of Hillier-Penney’s oldest daughter, Marina Goodyear. Goodyear did identify Hillier as a person of interest in statements to police, but told Gruchy that Hillier being on her radar was because of Penney and his mother.

His mother’s statements told police that Hillier faced mental health problems and had strange conversations with Hillier-Penney in the months before her disappearance.

The court also heard a section of Hillier’s sentencing hearing from July 2003. Hillier was convicted of uttering threats, assault and mischief.

The recording was supplied by the second witness of the day, Newfoundland and Labrador Provincial Court officer Kelly Rice.

The recording detailed how police brought Hillier in, arresting him in a gas station and having to restrain him at the police station.

The court heard that swearing and threats continued from Hillier, including a threat to kill a police officer.

“I’ll kill you with my bare hands,” a statement from Hillier read.

“You’re an easy body to get rid of. That’s a promise.”

Friday was a half day in the courtroom, and the trial won’t sit on Monday. The defence is expected to call more witnesses when the trial resumes on Tuesday.

Penney himself is expected to be a witness called by the defence.

SOURCE: CBC