Thirty-Two days into the first degree murder trial of Michael Rafferty and the defense began its case this morning at the London courthouse.
Dirk Derstine, representing 31 year old Michael Rafferty on charges of murder, sexual assault causing bodily harm and kidnapping of 8 year old Tori Stafford, declined an opening statement and called his first and only witness to the stand.
The name of the witness, a Grandmother of two children who are currently attending Oliver Stephens Public School, is under a publication ban imposed by Superior Court Justice Thomas Heeney.
The 60 year old woman testified she and her daughter enforced strict rules with the two children that neither one of them is to leave Oliver Stephens Public School until they are picked up each and every day by them at 3:30pm.
On April 8, 2009, the day Tori disappeared from that very school, the woman testified she witnessed a woman with a white puffy ski jacket walking along the front wall of the school behind the Teachers and school buses that afternoon and directly into the school's front door.
She said she saw the same woman again walking with a little girl resembling Tori on Fyfe Avenue northward minutes later.
The witness told the jury both the woman in the white jacket and the little girl were talking, smiling and laughing as they walked quickly away from the school.
Derstine asked his witness Do you know Michael Rafferty? the woman replied No.
He then asked her how she felt about testifying for the defense.
The woman replied Im not happy about it.
During cross examination by the Crown, Michael Carnegie questioned the witness of her account of what she saw that fateful afternoon of April 8, 2009 while she was in the area of Oliver Stephens Public School.
Carnegie also stated to the woman you didnt tell Police during questioning on April 11thabout the woman in the white jacket entering the school?
The woman replied They didnt ask.
The woman told the courts she found it odd for someone to be wearing a heavy, puffy jacket on such a warm and sunny day.
Carnegie then told the woman what if I were to suggest to you it was 8 degrees Celsius that day in Woodstock? Would that be considered warm to you?
The trial will resume on Friday while legal housekeeping gets put into place Wednesday and Thursday.
The defense will present its closing remarks Friday with the Crown to present its closing remarks on Monday.