Nova Scotia Supreme Court judge will give final instructions Tuesday before sending jurors out to begin deliberationsPublished Jun 16, 2025 • 4 minute readDefence lawyer Michael Lacy leaves Nova Scotia Supreme Court in Dartmouth with co-counsel Jennifer MacDonald on Monday after making his closing arguments at Adam Drake’s murder trial. Photo by Steve BruceThe Crown has failed to meet its burden of proof beyond a reasonable doubt at Adam Joseph Drake’s murder trial, his lawyer said Monday in closing arguments to the jury.Drake, 34, of Upper Tantallon, is on trial in Nova Scotia Supreme Court in Dartmouth on a charge of second-degree murder in the Sept. 4, 2022, stabbing of battle rapper Pat Stay at a bar in downtown Halifax.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentThe hearing got underway May 12, with Justice Scott Norton presiding.The Crown made its closing submissions Friday, and defence lawyer Michael Lacy had the floor Monday.“If you consider the evidence that you’ve heard in this trial and accept it as a judge must, the only just decision in this case is to return a verdict of not guilty,” Lacy said.“The Crown has simply not proven beyond a reasonable doubt that Adam Drake, to the exclusion of other potential suspects, stabbed Pat Stay at the Yacht Club Social.”Lacy reminded the 13 jurors that at the start of the trial, Crown attorney Carla Ball told them the most important evidence they would see was surveillance video from the nightclub that would show that Drake killed Stay by stabbing him in the chest.“Has the Crown delivered on that?” Lacy said. “Does the video show that? Of course, it doesn’t show that.”Article contentIn the video, Stay can be seen walking up to the VIP section at the back of the club at about 12:35 a.m. and interacting with a group of people at a table, including Drake.Stay’s back is to the camera while he’s standing at the table before he turns around with blood on his shirt and begins running for the front door.One of the men from the group, Karam Makhoul, follows Stay and sucker-punches him, knocking him to the floor before he gets up and makes his way out of the bar.Stay, 36, collapsed on the sidewalk outside the club. He was pronounced deceased at the Halifax Infirmary at 1:23 a.m.Read More Jury has the evidence it needs to convict Drake in killing of Stay: Crown Stay’s blood found on Drake’s shoe, DNA expert testifies Drake was arrested six days later and charged with murder.Lacy said whether you watch the low-quality, poorly lit video frame by frame or in real time, it’s difficult to see who does what and what’s happening.Article content“The only thing that’s clear is that the video does not show Adam Drake stabbing anyone,” he argued.Brinn McKenzie, a server at the club, testified that although she saw Drake and Stay have a verbal altercation, another man pushed into Stay before the rapper turned away from the table with blood gushing from his chest.That man has been identified as Makhoul, who was arrested for murder about a half-hour after the stabbing but was never charged.The Crown did not call evidence from Makhoul or two other men who were in the group in the VIP section that night, Gary Boudreau and Rico Gallant.In his submissions, Lacy said the Crown told the jury at the beginning of the trial it would not hear any evidence of motive, “and you haven’t.”“The Crown is not required to prove that as an element of the offence,” he said. “But it doesn’t make it irrelevant for you when you’re considering how to assess the evidence in this case. The ‘why’ question has not been answered.”Article content Pat Stay was fatally stabbed at Yacht Club Social on Lower Water Street in Halifax on Sept. 4, 2022. Adam Joseph Drake is on trial in Nova Scotia Supreme Court in Dartmouth on a charge of second-degree murder. Photo by Ryan Taplin /THE CHRONICLE HERALDEighteen weeks before the killing, Drake posted a comment saying, “Can’t wait to give you a big hug” on Stay’s Facebook fan page. Lacy urged the jury to reject the Crown’s assertion that that comment was an implicit threat.“This comment on a public Facebook page says nothing about what happened at the Yacht Club Social,” the lawyer said.“The comment on its face is not aggressive or violent. There’s no evidence that Adam or Pat Stay did not know each other or knew each other. Adam Drake could be one of the many Pat Stay fans posting on his social media fan page, or maybe he wasn’t and it was a diss. Maybe not everyone appreciates the art of battle rapping.“But to suggest it’s a threat, really?”Lacy said the jury should not be fooled by the Crown’s narrative, which he said consisted of confirmation bias and speculation.“There is no question that Pat Stay was a beloved member of his community,” he said. “He deserves justice, and his family deserves answers. The community wants closure, but real justice does not come from convicting someone just to find peace. It comes from what is right, even when it’s difficult.Article content“You can’t convict Adam Drake on suspicion, uncertainty or a desire to resolve a tragic case. You require clear, reliable proof.”Lacy said there may be people inside and outside the courtroom who don’t recognize that Drake is presumed innocent throughout his trial.“Please, ignore the noise, set aside speculation, focus on what matters – the reliable, objective evidence and the legal instructions you’ll hear from Justice Norton,” he told the jury.“At the end of the Crown’s case, they gave you 19 reasons to convict. You only need one to acquit – reasonable doubt.“And there is doubt – real, reasonable, unresolved doubt, questions left unanswered, possibilities left open. You cannot rule out Karam Makhoul. You cannot rule out Gary Boudreau. You can’t rule out Rico Gallant. And you can’t rule out someone else entirely.“The evidence does not eliminate these possibilities, because the Crown has failed to prove guilt beyond a reasonable doubt. And we are urging you . . . to return the only verdict that’s available here, which is not guilty.”The judge will give jurors final instructions Tuesday before they begin their deliberations.Article content
Defence lawyer urges jury to find Drake not guilty of murdering Stay
