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Jury enters third day of deliberations in Halifax jail cell death case

Last Updated Nov 10, 2019 at 10:19 am PST

File Photo. (iStock)

Daniel Fraser and Cheryl Gardner have been on trial in Nova Scotia Supreme Court

The charges are of criminal negligence causing the death of a 41-year-old man, Corey Rogers, in June 2016

Rogers was arrested for public intoxication and wound up in a police holding cell where he died

HALIFAX — A Nova Scotia jury has entered a third day of deliberations in the case of two special constables charged in the death of an impaired 41-year-old man who suffocated in a Halifax police jail cell.

Daniel Fraser and Cheryl Gardner have been on trial in Nova Scotia Supreme Court on charges of criminal negligence causing the death of Corey Rogers on June 16, 2016.

The jury sent a series of notes to Justice Kevin Coady on Saturday asking for clarifications on the essential legal ingredients needed to convict the constables.

Under the Criminal Code of Canada, criminal negligence is defined as completing or omitting any duty in a way that shows “wanton or reckless disregard” for the lives or safety of others.

The Crown has argued the constables failed to properly check Rogers’ cell while he lay there with a spit hood covering his face.

A medical examiner’s report stated that Rogers’ died from asphyxiation after apparently vomiting into the spit hood, which is a mask used to prevent prisoners from spitting on guards.

The defence has said the constables followed the usual procedures and had believed Rogers was asleep rather than unconscious.