Convicted murderer's self-defence claim rejected by Calgary judge as 'contrived and implausible'

A Calgary Court of King's Bench judge has rejected the self-defence claim of convicted murderer Paulos Berhe, calling his testimony about being attacked "contrived and implausible."

Justice David Labrenz found Wednesday that Crown prosecutor Peter Mackenzie had disproved Berhe's assertion that he was defending himself when he fatally shot Donald Lyons and wounded Amber Beach. The judge will determine sentencing factors ahead of Berhe's sentencing hearing on August 20.

Berhe testified that he had been stabbed repeatedly, had something placed over his head, was bludgeoned, and had a handgun pointed at him — all before he fired. His defence counsel Allan Fay argued that even if those events occurred, Berhe may have used excessive force in response.

But the judge found that argument internally inconsistent. "On Mr. Berhe's evidence he was stabbed repeatedly, he had something placed over his head, he was bludgeoned and he had a handgun pointed at him," Labrenz said. "How could a trier of fact conclude that the force was disproportionate."

Fay replied that jurors didn't have to believe all of his client's testimony but could still have determined Berhe was responding to some attack. The judge disagreed.

"I reject Mr. Berhe's evidence as neither credible nor reliable," Labrenz said. "I find Mr. Berhe's evidence to be contrived and implausible."

The Crown argued two significant aggravating factors: Berhe used a restricted, loaded handgun and shot two victims rather than one. Prosecutor Peter Mackenzie also noted that based on the rejection of self-defence, Beach could not have been stabbing Berhe from the front seat of Lyons' pickup truck when he fired at her.