The Surrey Six murder case, 13 years after the killings, is now in the hands of three appeal court judges.

Their judgment has been reserved and is expected to be released sa国际传媒渋n due course.sa国际传媒�

The British Columbia Court of Appeal began a six-day hearing Oct. 15 on conviction appeals in Regina v. Haevischer and Regina versus Johnston which wrapped up on Oct. 23.

The appellants, Matthew James Johnston and Cody Rae Haevisher, were convicted of murdering six people in suite 1505 of the Balmoral Tower in Whalley on Oct. 19, 2007. The Crownsa国际传媒檚 theory was that the killings were payback for an unpaid debt between rival gangs. This is contained in 375 pages of factums, or written arguments, which the judges are poring over.

Dan McLaughlin, spokesman for the British Columbia Prosecution Service, noted the appeal court does not typically give a date as to when it will release its decisions.

sa国际传媒淭hey donsa国际传媒檛 ever do that,sa国际传媒� he said Tuesday. sa国际传媒淭hey give us a headsa国际传媒檚 up a week before itsa国际传媒檚 going to come out.sa国际传媒�

Christopher Mohan, 22, was one of six men shot dead in gang violence in a penthouse suite on the 15th floor of the tower. He shared a suite with his mom Eileen Mohan on that same floor and had she been home at the time, she likely would have shared his fate. She was the only person allowed in the courtroom, other than of course the judges, lawyers and staff, as she has followed proceedings from day one.

sa国际传媒淭hey will come back with their findings some time in spring of 2021,sa国际传媒� Mohan told the Now-Leader. sa国际传媒淏etween March and May.

sa国际传媒淚t was quite difficult to sit and listen to everything,sa国际传媒� she said.

Christopher Mohan and Abbotsford gasfitter Ed Shellenberg, 55, were innocent victims who accidentally stumbled upon a drug hit in progress. Edward Sousakhone Narong, 22, Ryan Bartolomeo, 19, and brothers Michael Justin Lal, 26, and Corey Jason Michael Lal, 21, were also slain.

Justices David Franklin Tysoe, Anne MacKenzie and Peter Willcock heard the appeals.

The defence appealed the convictions on grounds the accused were excluded from a hearing that was part of the trial, creating sa国际传媒渦nfairness,sa国际传媒� and that a new trial should be ordered because the trial judge sa国际传媒渆rred in her assessment of the reliabilitysa国际传媒� of evidence from two sa国际传媒淰etrovecsa国际传媒� witnesses. Such a witness is considered to be unsavoury, or disreputable. The name comes from a Supreme Court of Canada case in 1982, Vetrovec v. The Queen, concerning a conspiracy to traffic in heroin.

The Crownsa国际传媒檚 response, contained in a factum, is that the judge sa国际传媒渄id not err in excluding the appellantssa国际传媒� because they didnsa国际传媒檛 have a right to be present sa国际传媒渨hen information which could tend to identify an informer was revealed,sa国际传媒� and that the trial judge did not err in assessing the Vetrovec witnesses evidence.

The appellantsa国际传媒檚 joint factum also alleged abuse of process and failure on the part of the Crown to disclose evidence. Both men advanced separate grounds for appeal.

The Crown, in one of its respondent factums, argued that the appellants have sa国际传媒渇ailed to demonstrate any basis upon which this Court may interfere with the judgesa国际传媒檚 exercise of discretion.

sa国际传媒淣o useful purpose would be served by an evidentiary hearing in the trial court,sa国际传媒� the Crownsa国际传媒檚 document reads. sa国际传媒淪uch a hearing will never alter the underlying facts. The appellants were found guilty of horrific crimes. Intending to kill one drug rival to make an example of him and to advance their drug trafficking gangsa国际传媒檚 turf, they murdered six men, two of whom were unconnected with the drug trade, execution-style as those men lay defenceless on the floor.

sa国际传媒淭he appellants and their Red Scorpion(sa国际传媒淩Ssa国际传媒�) gang associate chose this wanton and pitiless violence over the option of simply abandoning their callous, dangerous and risky plan,sa国际传媒� a portion of the Crownsa国际传媒檚 factum reads. sa国际传媒淭he resulting carnage was unspeakable. A stay of proceedings will always be a disproportionate response. This ground of appeal ought to be dismissed.sa国际传媒�

tom.zytaruk@surreynowleader.com
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