Charges withdrawn against second man in death outside a Saint John strip club

Second-degree murder charges have been withdrawn against a man accused of kicking an unconscious 59-year-old man in the head outside a Saint John strip club in 2019. 

Gordon McMillan, 23, had been charged with the death of Mark Baker outside Club Blush after closing time on Oct. 26, 2019. 

Crown prosecutor Jill Knee told the court on Wednesday that a recent review of the case revealed a witness who was no longer credible. As a result, Knee said there was no prospect of conviction in the case. She requested that the charge against McMillan be withdrawn. 

Justice Arthur Doyle told McMillan, "It's like you've never been charged with the offence."

McMillan declined to answer questions outside the courthouse. 

His defence lawyer, Brian Munro, said McMillan was relieved by the Crown's decision, "but also, there's a sense of sadness for Mark Baker and his family." 

Munro said it was a "tragic situation all the way around." 

"We're talking, in the span of seconds, numerous lives changed, including one man losing his," said Munro. 

McMillan and Garrett Johnston, 25, were both charged with second-degree murder in Baker's death. 

Johnston was found guilty following a jury trial last fall, and was sentenced last month to three years in prison. 

Johnston's defence lawyer, Rod Macdonald, said on Wednesday that he hadn't spoken to his client since news of the no-longer-credible witness broke. Before that, Macdonald said Johnston had no interest in appealing his conviction. He wanted to do his time, get paroled as quickly as possible and return to his family. 

During eight days of testimony, the jury heard that Johnston and Baker were strangers to each other when their paths crossed outside a Saint John strip club. There was no evidence at trial that McMillan knew Baker either. 

All three ended up milling about outside the bar after closing time on Oct. 26, 2019.

A video entered as evidence at trial shows Baker exchanging words with a group of young men that included McMillan and Johnston.