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Guilty of killing wife

A judge has rejected a man's argument that he acted in self-defence when he strangled his wife and buried her body in their basement.

But Justice Rosemary Nation has still found Allan Shyback guilty of the lesser offence of manslaughter rather than second-degree murder.

The judge says not all of Shyback's actions were made in panic, but his intentions in killing Lisa Mitchell in Calgary almost five years ago weren't entirely clear.

"He is left responsible for a culpable homicide," Nation said in her verdict Thursday. "I am left with a reasonable doubt on the intention of the accused."

Shyback, 40, testified he had been the victim of domestic abuse for nearly a decade and Mitchell had attacked him with a knife the day she was killed.

Nation said the force Shyback used to fend off Mitchell, who was 31, was reasonable until the couple fell to the ground. At that point, Nation said, it became "more than necessary."

Mitchell was last seen in Calgary in October 2012. An undercover police operation was launched in 2013 and ended with Shyback's confession and arrest in Winnipeg a year later.

Shyback was also found guilty of causing an indignity to a body for putting Mitchell's remains in a Rubbermaid container and cementing it into a wall in the basement of their home.

Sentencing arguments are scheduled for Sept. 20.



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