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Trio were canoeing in floodwater 'for fun,' says man on trial for break-in

One of the men accused of breaking into a Maugerville home surrounded by floodwater told RCMP they were out on the water for fun.

Brandon Drew Hatchard, 29, of Perth-Andover, was one of three people arrested in the community east of Fredericton after Mark (Markus) Harvey heard several people in his home early one morning during the record spring flood.

Hatchard has been on trial in Burton on charges of break and enter and possession of a stolen canoe.

One person, Chance Arthur Leslie of Middle Hainesville, has already pleaded guilty to the same charges.

On Thursday, the second day of Hatchard's trial, provincial court heard a recording of his interview with the RCMP after his arrest May 6.

He told police then that he was in the canoe the whole time and never entered any houses.

He and the other two men decided to take the canoe on the water "for the hell of it," Hatchard said, and had flipped over near the home of the alleged victim Harvey along Route 105.

He said the others, Leslie and Travis Lloyd Hunt, left the canoe to knock on Harvey's door and try to get "dry socks."

"The boys were banging on the door for socks or to dry their feet," Hatchard told RCMP Const. Warren Vogan during the interview.

Circumstantial evidence

In his closing arguments, defence attorney T. J. Burke mainly relied on the fact there was no concrete evidence that Hatchard was inside Harvey's home.

On Wednesday, Harvey testified he heard people in the house, but didn't see them. He also testified he heard the sound of rustling rain pants.

Court heard testimony and saw photographs taken by RCMP that show Hatchard was the only one wearing yellow rain pants.

Crown prosecutor Rodney Jordan used this fact to say Hatchard should be found guilty, but Burke called it circumstantial.

Burke said one reason the men would be canoeing in floodwater in the early morning hours could be "stupidity."

"There's all kinds of things that people are charged with every single day that are void of common sense and logic but they still do it," Burke said.

"Being stupid isn't a crime and being stupid doesn't mean you went into Mark Harvey's house."

Bolt cutters and bandanas

Two RCMP officers testified about the items found on the canoe after the men were found spinning, stuck in a flood-related whirlpool off Route 105, after the alleged break-in.

Inside a backpack on the canoe were bolt cutters, sunglasses and gloves. Each man also had some sort of bandana or balaclava that could be used to conceal their faces. Leslie had bear spray in the canoe as well.

"The gloves, bandana and sunglasses were of immediate concerns to me," said Const. Vogan. "Gloves are frequently used in break and enters."

Vogan also showed the court a large duffel bag, which contained three other bags when it was found in the canoe.

"My thought upon finding those bags is they would be [used] to put stolen items in," he said.

All of the equipment belonged to either Leslie or Hunt. The items that belonged to Hatchard were a bucket hat, a camouflage balaclava and a flashlight that can be worn on the head.

Judge David Walker reserved his decision until Oct. 3 at 9:30 a.m.

Leslie's sentencing is on Sept. 12 and Hunt's trial is set for late August.