Foerster caused fatal injuries

In a shocking submission Tuesday morning Matthew Foerster's attorney agrees that her client is the one who caused the injuries that led to the death of Taylor Van Diest.

Crown Counsel Iain Currie filed what is essentially a document of admission with defence lawyer Lisa Helps, first thing Tuesday morning.

BC Supreme Court Justice Peter Rogers then told the jury that fact is now a given, and no longer needs to be proven.

Foerster attacked Van Diest on Halloween night in 2011 as she walked along some railway tracks in Armstrong.

Photo: Marzio Manderioli

Matthew Foerster

She was found a short time later in some bushes near the tracks, at a trailhead of Douglas Avenue.

Van Diest was badly beaten and had strangulation marks around her neck and several blows to her head, believed to have been what killed her.

Justice Rogers has now made it clear to the jury that it is no longer a question of whether Forrester killed Van Diest, but whether he intended to kill her, a necessary piece required for a first-degree murder sentence.

Yesterday in court, Crown Counsel told the jury of video evidence where Foerster admits he feels bad for Van Diest's death and admitted things got out of hand when he was with her -- a sign which Helps says shows Foerster is remorseful and accepting responsibility for causing her death.

The trial is expected to last for several weeks and Foerster has pleaded not guilty to the single count of first-degree murder.

Crown prosecutors Iain Currie and Frank Caputo say their case involves 16 witnesses and will run into the middle of next week.

Then, Foerster's defence team of Lisa Helps and articling student Camille Cook, will present their evidence.

The trial continues, read trial reporter Ragnar Haagen's live tweets here.  

For a full recap of the first day of the trial click here.