Justice George Murphy has concluded that Dillon Bourgeois fabricated the story he gave to police when he gave a cautioned statement following the July 2, 2015 robbery of the Esso gas station on Main Street in Corner Brook.
The conclusion resulted in Murphy convicting Bourgeois of robbery by being a party to the offence in the Supreme Court of Newfoundland and Labrador in Corner Brook on Wednesday.
Bourgeois denied knowing who the masked man was that committed the robbery or in having any involvement in the crime.
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The masked man was Ashley Park, and he was sentenced to 42 months in jail for the robbery and other offences in October 2015.
During his trial last month the Crown presented a theory that Bourgeois was a party to the offence.
Crown attorney Lori St. Croix said the pair expected to find the gas station door locked that night and that one of them would have to have their face uncovered to gain entry. That was Bourgeois’ job, but one that turned out to be unnecessary as the door was unlocked. Still Bourgeois entered the store with Park, his face covered, following close behind.
Looking at the circumstances in which Bourgeois gave the statement, video surveillance that put the two together that night and statements he made to an undercover police officer, Murphy said there is the necessary independent evidence of fabrication.
Murphy said he was satisfied that the conclusion supports a drawing of an inference of consciousness of guilt on the part of the accused.
He noted that while he considered the inference of guilt in arriving at his decision, it was not necessary to do so. He was satisfied the Crown had proven beyond a reasonable doubt that Bourgeois was a party to the offence.
While he convicted him of robbery, Murphy dismissed a charge of possession of a weapon for the purpose of committing an offence.
Bourgeois appeared via videoconference from Her Majesty’s Penitentiary in St. John’s for the decision. He’s currently serving a five-year sentence for the October 2015 aggravated assault on Park’s brother, Jonathan Park.
He’ll be back in court on March 5 to set a date for sentencing.
