R. v. Victoria Ann Weir-Hales STATEMENT OF FACTS On November 19, 201 1 at approximately 10:40 am, Jeff Frizell was out for a walk on a trail named ?Vivien?s Way?, which is located in Shubie Park, when he discovered a deceased female who was later identified as Christina Cline. Police responded and initial observations were that Cline had a cut to the right side of her neck, and what appeared to be a stab wound to the upper chest area. Police cordoned off the area and a homicide investigation was initiated. The victim was lying on her back in the center of the trail; she- was wearing a tee shirt, blue jeans, and sneakers. The victim was not wearing a jacket, despite the low temperatures, and no purse or personal effects were located in or around the crime scene. Shortly. after Cline was located police received a call from Jana Peterson. Peterson, who was babysitting Cline?s children, advised that Cline had not returned home the previous night and she was worried. Police noted that the description provided resembled that ofthe deceased. A statement obtained from Peterson indicated she had attended Cline's home the previous night to babysit at approximately 5:00 pm as Cline had a parenting class at the Family Court starting at 6:00 pm. Cline had told Peterson she expected to be home by midnight. Investigators later determined that no such course existed. Police obtained statements from associates, friends and retail staff in the area and determined that Cline had gone to the Dollar Store near her home at approximately 6:04 pm on November 18, 2011, and purchased a small flashlight. Cline then went to Melinda Ross? residence at 6:10 pm to pick up money that was owed to her. At 6:20 pm a Metro Transit bus travelling on Roleika Dr., Dartmouth had video onboard that captured Cline?s van parked in a parking lot outside 15 Kennedy Dr. Cline?s van was located in this same parking spot the following day by police. Police located a TD Canada Trust banking card on the front passenger seat. Also located in the same spot was a receipt and packaging for a flashlight. Calls made from Cline's phone indicated that she was communicating with Page 2 of 8 Victoria Weirjust prior to her purchasing the flashlight and again after she picked up the money from Ross. Statements obtained by police from friends of Cline lead police to believe that Christina Cline told various lies about where she was going the night of November 18, 2011. Cline informed Peterson that she had a Family Court appointment, and she informed others that she had a date with someone she had met through the online dating website, ?Plenty of Fish?. Police determined that neither of these stories were truthful, and that Cline knew where she was going the night of November 18, 2011, and that was to meet with Victoria Weir. Background investigation into Cline?s life revealed that Cline had been in a long term relationship with Dustin Hales and that they had three children together. Hales and Cline moved from Ontario to Halifax when Halesjoined the Navy in 2003. In September of201 0, Hales and Cline decided to seek out a female companion to join their relationship, and they met Victoria Weir (Weir) on the online dating site ?Plenty of Fish'. In February of 2011, Weir moved from Sydney, Nova Scotia with her one daughter, and moved in with Hales and Cline entering into a three way relationship with Cline and Hales. Not long after moving in with the couple, Hales and Cline broke up and Hales moved into the basement of the home during which time Cline and Weir entered into an exclusive relationship. The relationship between Cline and Weir was tumultuous and ended when Cline assaulted Wei-r. The assault occurred when Cline found out that Hales and Weir were having an intimate relationship. This resulted in Hales and Weir moving out of the home into their own apartment with Weir?s young daughter, Summer Pye. Weir and Hales became engaged and Cline stayed in the home with her and Hales? three children. in September of 2011 Hales was ordered by the Family Court to make support payments to Cline in the amount of $1,251 dollars per month. Hales had not made a payment, but on November 18, 2011 a call made from Cline?s cell phone to the automated Maintenance Enforcement Program (MEP) run by the Province of Nova Scotia indicated that she had received her Page 3 of 8 arrears payments in full. Search warrants executed forthe banking records of Hales do not show any transfer of monies. Statements obtained from associates of Cline, Hales and Weir all indicate that the relationship between Cline and Hales was abusive and rocky. Mental health records obtained from the military for Hales indicated that he has a ?fantasy life' which included causing harm to his wife (Cline), and also reported abuse towards the children. Witness statements obtained from friends and review of records from the Department of Community Services indicated that Cline was looking to take their children to Ontario, where Cline's family resides, but that Hales did not want them to leave. Cline made comments to the Department of Community Services, as well as several of her friends, indicating that ?if anything ever happens to me, Dustin did it?. On the day that Cline's body was discovered in Shubie Park both Weir and Hales were interviewed attheir residence. Initially police were investigating the missing persons report filed by Jana Peterson. Weir and Hales told police that they had been having sex at their residence on the night of November 18th, and had left to take Weir?s child to the IWK. Hales and Weir told police that Hales did not have a cell phone. Weir provided her number to police. Hales and Weir were asked to come into the station on the evening of November 20, 2011 to provide their statements on audio and video. They declined to attend so investigators attended their residence and interviewed them a second time. They both provided a story that they had not been home having sex but they had gone to Rainbow Haven Beach, had sex in their van, came home to get cleaned up to go out for supper and then received the call from Michelle Babbin, the babysitter, that Weir?s daughter was sick. While the basic elements of their second statements matched each ?other, the details did not. Both indicated they were driving, and they were vague and inconsistent on times. The babysitter had indicated she waited what she felt was an inordinate amount oftime forWeirto come pick up her daughter after she advised that she was ill. Weirtold police that she and Cline had planned to get together after Cline's course. Page 6 of 8 The Authorization signed on December 10, 2011 did not elicit any evidence to further implicate Hales and Weir in the death of Cline. They were extremely evasive and cautious whenever they believed they were in a location where their communications could be intercepted. They Openly spoke about the fact that they believed their communications were intercepted. That knowledge did not stop them from acting in such a fashion that caused Family and Children's services from intervening. On January 12, 2014 Family and Children?s services removed the four children from the home as it was believed they were in need of protection. On March 12, 2012 investigators provided documentation to Hales and Weir advising that they had been subjects of a Part VI authorization. An undercover operation utilizing the undercover ?crime boss? technique was initiated. Contact between Weir and the undercover operator was initiated in May 2012. August 1, 2012 a Part VI Authorization commenced. It was readily apparent from the intercepted communication that Hales and Weir were still very conscious of police interest, and spoke often about their belief that they were being monitored in a variety of ways. They spoke about their belief of being followed by police, and they believed their private communications were still being intercepted in spite ofthe fact they had been served notice in March. The undercover operation culminated in Weir providing three separate accounts of how the homicide took place all of which were audio and video taped. On October 26, 2012, Victoria Weir provided details of the homicide to an undercover operator whereby she admitted knowledge and presence, but stated she was not in involved in the planning or execution of the homicide. On this occasion, Weir told the operator that Dustin Hales committed the homicide in her presence. On November 1, 2012, Victoria Weir provided a re-enactment with an undercover operator by showing the operatorthe route she traveled on the night ofthe homicide as well as the physical location where the homicide took place, This re?enactment was audio/video recorded. On November 22, 2012, Victoria Weir-met with an undercover operator and provided more details about the homicide, this time she described the planning of the homicide, her participation as it relates to luring Cline to the location and her post homicide behaviour. in her November 22, 2012 meeting with the "crime boss", Weir says that Hales was stressed about money and fighting with Cline Page 7 of 8 about the custody of the kids and told Weir it was "either her or Cline? and he'd give her a few days to think about it. Hales told Weir to ask Cline out on a date and tell Cline to make something up about where she was going. To carry out the plan, Weir approached Cline the day before the murder about getting together. Babysitters were arranged. On the evening of the murder, Weir picked Cline up. Hales had told Weir to tell Cline they were going for a walk in Shubie Park and told her which path to go down. Hales told Weir he would be waiting and would pop out somewhere (to kill Cline). Weir had previously dropped off Hales at the park. He was wearing black clothing and carrying a duffle bag. As Cline and Weir walked into the park, hand in hand, Weir and Hales exchanged text messages with each other, the content suggesting that they were having sex. These were intended to create an alibi. Five to ten minutes later, Hales jumped from the woods onto the path and murdered Cline. Weir returned to the van and picked up Hales where she had dropped him off, along with the bag he had brought with him. Hales had different clothes on than the ones he was wearing when Weir had dropped him off. Weir drove home with Hales and Hales left to "get rid of shit" while Weir showered. Attempts to have Dustin Hales provide an account of the homicide to undercover operators were not successful as he declined to engage in the conversation. Hales and Weir were both arrested on November 23, 2012 forthe murder ofCline. Hales provided a confession in his interrogation where he admitted to the homicide and gave hold backinformation explaining the trauma to Cline?s forehead. Hales confirmed the motive for the homicide was based on Cline interfering in the relationship between Weir and Hales and the financial burden she represented in the form of child support. He confirmed the alibi text messages sent on the night of the homicide, they were sent to corroborate a story they would provide to police about their sexual contact on November 18. He stated that he walked with Weir to the location where he laid in wait for Cline. We'i?r then met With Cline, drove to Shubie Park, walked with herto the location where Hales was waiting, and was present when Hales murdered her. Hales and Weir left Shubie Park together and discarded items after committing the crime. Hales confirmed that on November 18, 2011 Page 8 of 8 Victoria Weir threw her sneakers and a purse belonging to Christine Cline in Lake Banook. He further stated that on the same date and time, he placed numerous items which included Cline?s jacket, two cell phones (one that belonged to him and one from Cline), his bloodied clothing, the knife and a small black baton inside several bags and threw them in Lake Banook. On November 26, 2012, investigators engaged the services ofthe Underwater Recovery Team. The UR-T searched the-area of-Lake Banook described by Hales and subsequently - recovered a garbage bag which contained a knife (matching that which was described by Hales), a small black solid baton, and several large rocks. They also recovered several articles of clothing in the same location. DNA warrants were obtained and executed following the couple?s arrest. Victoria Weir?s DNA was also obtained during the investigation by obtaining cast off through Special DS:vf November 18, 2013