Winnipeg Free Press

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Find Out if you are a Candidate for Biothera's Laser Hair Therapy Program Call for more information, or better still, an appointment for a no- charge consultation with no obligation. 287- 2022 506 - 1780 Wellington Avenue www. biothera. ca THEY have been asked a simple question - but a Winnipeg jury will need to consider a complex area of law, along with two vastly different legal opinions, in attempting to come up with a unanimous answer. Deliberations are set to begin today in the manslaughter case against Jeremy Botelho. The only issue is whether the former University of Manitoba Bison football player was justified in delivering the punch that killed Kelly Clay during a confrontation at a city bar in April 2010. Botelho, 23, claims he acted in selfdefence after Clay gave him dirty looks and then approached him on the dance floor of the Nor- Villa Motor Hotel on Henderson Highway. He said Clay was still upset after they crossed paths earlier in the night and Botelho may have brushed against him, an incident for which he says he apologized. " Kelly Clay went on to the dance floor to confront Jeremy Botelho. All of the evidence seems to point to that," defence lawyer Ryan Rolston told jurors Monday. " Kelly Clay's intention was to punch Jeremy Botelho. He could not calm down. He couldn't let an insignificant little run- in go." Crown attorney Mark Kantor painted a much different picture and told jurors they should have no trouble finding Botelho guilty. He said Botelho's version of events is " evasive, improbable and inconsistent" with other testimony and evidence. Queen's Bench Justice Deborah Mc- Cawley will give jurors detailed instructions on the law today, specifically on the area of self- defence. They will remain sequestered until they reach a unanimous verdict. Cop's notes ' nonsense' A brief conversation between a veteran Crown prosecutor and two police officers more than three years ago is at the centre of a case that has left the judgment of each under debate. Lawyers made their closing arguments Monday in a trial against two Winnipeg Police Service officers for obstructing justice in a drug case dating back to May 2008. The trial of Const. Graeme Beattie, 33, and Const. Paul Clark, 44, has focused on the evidence from experienced Crown prosecutor Erin Magas, who said she had to drop charges against an alleged 20- year- old drug trafficker due to different police accounts of what happened at a Redwood Avenue home. Aaron Fox, one of the defence lawyers in the case, argued Monday the incident was a " simple misunderstanding" between Magas and the officers. However, Robert Tapper, the lawyer acting as the special prosecutor, told the court some elements of what police said after the incident was " absurd." He said notes made by Beattie about what transpired during the arrest and seizure were " nonsense." " He's all over the map," said Tapper. " It just didn't happen." The case is being heard by Queen's Bench Justice Glenn Joyal. - Mike McIntyre and Gabrielle Giroday R ENE Van De Keere points to where his front door will be. He can envision every room in the house - the kitchen, living room and the bedrooms for his two kids, Brendon and Cadence. " I can already see where everything will be," Van De Keere, 28, said Monday of his new house, which is being built by Habitat For Humanity in Memorial Park in the shadow of the legislative building. " There's no way we could afford to buy a house like this," he said. " It would be outside of our price range." In return for some " sweat equity" and helping to build his own home, Van De Keere, his wife, Shannon, and his family will get a one- storey, 840- square- foot house. They're due to move into it around the end of the year, but first it has to be moved from Memorial Park. Sandy Hopkins, CEO of the Winnipeg branch of Habitat for Humanity, said that will happen June 15 during a six- hour window in the middle of the night. The house, which should have its roof shingled and perhaps even have siding on it, will be moved to its new location at the former Sir Sam Steele School site on Nairn Avenue. Hopkins said once the house is on its foundation, the interior work will start so it's ready for occupancy in about six months. The house is one of 28 Habitat will build in Manitoba this year - 22 in Winnipeg alone. Habitat is building the house in the downtown park to raise its profile in the city, allowing Winnipeggers to follow its progress. Hopkins said there will be about 20 volunteers on the site each day, including the Van De Keere family, but the organization is always looking for more. ( More information is at habitatbuilds. ca .) " We want to connect with more people," he said. " But to come here you've got to put some cash on the table." The Van De Keeres say the prospect of owning their own home is a dream come true. " There's nothing in the world that we thought this would happen to us," Shannon said, adding that with rising house prices, she and her husband could never save enough money for a down payment. Rene said they live in a two- bedroom apartment that's getting too small for them. " Our son's bed is in our living room," Rene, who works in the retail sector, said. " In our new house he's going to get more privacy. I won't have to tiptoe around in the morning." bruce. owen@ freepress. mb. ca Self- defence key issue as jury weighs verdict in Botelho case Habitat picks prime spot to build family home By Bruce Owen ' Our son's bed is in our living room. In our new house, he's going to get more privacy' - Rene Van De Keere PHOTOS BY WAYNE GLOWACKI / WINNIPEG FREE PRESS Volunteer Pat Grace ( from left), Mayor Sam Katz and Pete Klippenstein help raise a wall for a Habitat home Monday. Shannon and Rene Van De Keere look forward to owning a home. B_ 02_ Jun- 05- 12_ FP_ 01. indd B2 6/ 4/ 12 8: 18: 02 PM ;