John Buchanan, 49, outside court following the opening day of his second degree murder trial in Nanaimo on Oct. 19, 2020 (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

Trial finished

Trial ends for accused Nanaimo murderer, decision pending from judge

Nov 20, 2020 | 3:19 PM

NANAIMO — Final defence submissions wrapped up in the trial of a Nanaimo man accused of a gruesome beating death at a Nicol St. apartment.

John Albert Buchanan’s lawyer focused on three primary elements in a bid to save his client from being convicted of second degree murder in the death of Richard Sitar, 42, on Sept. 11, 2017.

Defence attorney Michael Munro’s final submissions to BC Supreme Court Justice Robin Baird leaned on the fact no blood was found on his client from the murder scene.

“It’s a singular issue, but it’s a significant issue, it just cries out. Where’s the blood?”

Munro underscored the significant amount of blood at the crime scene and how none of it was tied to his client, whom he described as an unsophisticated homeless drug addict.

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“If there was any of that or signs of clean-up, or anything along those lines this would be a tight case, maybe an air-tight case. But in the defence submission that has to weigh significantly on the mind of the court,” Munro said on Thursday, Nov 19.

Munro called the lack of blood linked to his client a significant issue, despite acknowledging Buchanan could have been present during the attack on Sitar.

The judge-alone trial was shown surveillance video footage capturing Buchanan entering and leaving the victim’s second floor apartment unit during the time frame Sitar was beaten in the head several times with a hard object.

The Crown theorized the murder weapon, possibly a baseball bat, was concealed by Buchanan as he was seen on video leaving the building.

Munro noted a secondary access point by another perpetrator to get inside the unit by way of a balcony was plausible.

He also addressed a confession to a cellmate during pre-trial lockup that Buchanan killed Sitar.

Munro said the confession “smacks of jailhouse bravado”, stating his client was bullied behind bars.

“One might well make a false confession in order to puff himself up in the context of security concerns in a jailhouse setting,” Munro said.

Buchanan, a frequent visitor to Sitar’s unit, did not testify during the three week trial.

He was arrested two days after the homicide.

A decision from Justice Baird is expected in the near future at a yet to be determined date.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes