CREMONA - The murder trial of a man charged following the death of a Cremona-area woman in 2021 will take place this fall, court officials said.
Philip Jeffrey Toner, 44, faces charges of second-degree murder, arson damage property and interfering with a dead body, all from May 5, 2021.
Last seen in Didsbury on May 4, 2021, Brenda Ware’s body was found two days later along Highway 93 in the Kootenay National Park about 50 kilometres northeast of Radium, B.C.
Ware, 35, lived near Cremona and worked as a hairstylist in Sundre.
Toner was arrested in B.C. and charged on May 11. He has remained in custody since that time.
His trial has now been set for Nov. 25-28 in Calgary Court of King’s Bench. None of the charges against him have been proven in court.
In a pre-trial ruling, Justice Glen Poelman determined that statements made by the accused while in custody following his arrest are admissible.
A voir dire hearing was held to determine whether the statements made on May 11, 12 and 17, 2021 were voluntary and admissible at trial.
“From the start of telling his story (to officers), Mr. Toner indicated personal involvement in Ms. Ware’s death,” the justice wrote in the voir dire ruling, a copy of which was obtained by the Albertan. “His story developed early and remained constant: he hit her, choked her, and caused her to fall and strike her head.
“Throughout his various versions, he also maintained that he was responding to her attacking him with a knife from which he received a cut to his hand, he did not want her dead, and he never stabbed her.
“Considering Mr. Toner’s statements as whole, I find that Mr. Toner meant to acknowledge his role in Ms. Ware’s death but only on his own terms.”
In his summary of findings, the justice wrote, in part, that, “I am unable to conclude that Mr. Toner’s free will was interfered with or that he was in any way deprived of his free and informed choice to speak or not to speak with the police.
“His statements were elicited without opposition, the fear of reprisal, or hope of advantage. There was no breakdown of his ability to remain silent, had he chosen to do so.”
In the ruling, the justice also noted that “Ms. Ware’s injuries included blunt force trauma to her head and sharp force injuries to her head and neck. The Crown’s theory is that Mr. Toner killed Ms. Ware at her home and, using Ms. Ware’s Jeep vehicle, transported her body to a wooded area in Kootenay National Park.
"The statements made by Mr. Toner to RCMP officers are admissible in the trial proper."
If convicted of second-degree murder, Toner could face a prison sentence of life without eligibility to apply parole for 10 years.
