REGINA-Barbara Hayes says she may now have a chance to recover after the man she once called her husband was found guilty of second-degree murder over his brother’s death.
REGINA-Barbara Hayes says she may now have a chance to recover after the man she once called her husband was found guilty of second-degree murder over his brother’s death.
Hayes, speaking at the King’s Bench Court in Regina on Thursday, said she lived for so long knowing that Joseph Thauberger had killed Patrick Thauberger. It left him stressed and paranoid for the past 26 years.
“I want to start my new life tomorrow,” said Hayes, who believed her ex-husband would kill her if she spoke out years ago.
“I want these rumors to stop. Above all, I want Joe to pay for his crimes and I want justice for Patrick. I hope I can put Pat begging for his life deeper into my brain, so while I’ll never forget him, I won’t wake up with ‘no, no, no’ every morning. I want peace. It will take time for me to recover, but now I believe it is possible thanks to the court’s decision.”
On Thursday, King’s Court Judge Janet McMurty convicted Joseph Thauberger, who is now 80, of second-degree murder for the death of his brother in September 1997.
The judge also convicted him of offering a humiliation to human remains.
He has received an automatic life sentence and will be eligible to apply for parole in 10 years.
Patrick Thauberger, who was 53 when he died, lived in St. Albert, Alta. located outside of Edmonton. He was a psychologist.
Police found his remains in a farm pond nearly three years ago at a farm outside Regina, helping officers break up what had been a cold case.
In September 1997, Patrick Thauberger was traveling to Edmonton from Amberinnipeg, but made a stop in Regina to visit family.
The court heard evidence that the brothers were at Joseph Thauberger’s Regina home when he hit his brother in the head and strangled him.
McMurty said Thauberger fractured his brother’s skull and limbs, then removed the body parts, possibly with a tractor, at a farm east of Reginas.
Hayes had been in the basement during the murder. She testified that she heard a loud bang and Patrick Thauberger saying “no, no, no” from above, quietly followed her.
The judge said Joseph Thauberger’s claims that his brother died after accidentally falling down the stairs are “absurd in their face.”
“I must conclude that it would be foolish to rely on anything the accused has said, on evidence, or elsewhere.”
The judge said Thauberger made it clear on various occasions that he wanted to stop his brother from selling farmland.
Hayes, as well as another brother, James Thauberger, told the court that Patrick had owned the land, but that Joseph did the work on the farm.
James Thauberger said Joseph had been a beneficiary of Patrick’s pension plan.
On Thursday, Hayes described her ex-husband as a man who cared only about money.
“His favourite saying is, the richest man in the cemetery wins,” she told the court during her victim’s impact assessment.
Some family members also offered victim impact statements, their voices breaking as they spoke.
Some described feeling the pain they felt they had no answer for so long.
Police had conducted an undercover operation in 2020 on Joseph Thauberger to seek information about the murder. That’s when he told an undercover officer that he had killed his brother.
Hayes was taken into custody for questioning that year, but was not charged.
Thauberger, thin with white hair, sat in court in a wheelchair with an oxygen tank as the verdict was read. Sometimes, his head dropped to his knees, with his head in his hands.
When given the opportunity to speak, he seemed to suggest he was innocent of murder.
He said he thought he would be found guilty only of the indignity charge.
“Looking back at my story, I would do exactly the same thing. I would cover it up because if I hadn’t covered his death, I’m sure I would have gone to jail, just like I’m going to jail now,” he said.
McMurty said Thauberger continues to not think about what happened and what caused his family.
“I couldn’t understand how horrible it was,” she told the court.
The Crown had sought a conviction for first-degree murder, but the judge said she could not be sure the murder had been accounted for.
“On the contrary, there is a reasonable possibility that Patrick’s killing was impulsive, as negotiations failed,” McMurty said in her decision.
Crown attorney Adam Breker said he was pleased with the outcome.
“After all this time, there has been little justice in this case with a conviction for murder,” he told reporters. “It’s a difficult situation for everyone involved.”
Defense attorney Tyne Hagey with Legal Aid Saskatcheflix said Thauberger has 30 days to appeal and it will be up to him if he chooses to do so.
This report by Canadian Press was first published on July 27, 2023.
Jeremy Simes, Canadian Press
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