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A Surrey man found guilty of beheading his roommate and desecrating his body in 2008 has lost an appeal of his second-degree murder conviction.
Ernest Allan Hosack was sentenced in 2018 to life in prison with no eligibility for parole for 15 years for the murder of Richard Falardeau, 54.
He appealed his conviction based on the admissibility of a statement he made to police and claimed Justice Terry Schultes erred by finding him not criminally responsible by reason of mental disorder and by failing to stay the case on grounds of sa国际传媒渦nreasonable delay.sa国际传媒�
The Court of Appeal for British Columbia dismissed his appeal.
sa国际传媒淚n my view, the judge made none of the alleged errors,sa国际传媒� Justice Gail Dickson said in her 9, with Justices David Franklin Tysoe and Lauri Ann Fenlon concurring. sa国际传媒淗e interpreted the evidence reasonably and drew available inferences that supported his admissibility ruling and his conclusion that Mr. Hosack was guilty of second-degree murder. Nor did the judge err by failing to find Mr. Hosack not criminally responsible given the inconclusive nature of the salient evidence or by failing to stay the proceedings for unreasonable delay.sa国际传媒�
Richard Falardeau, 54, had invited Hosack to share an attic apartment hesa国际传媒檇 been renting at 14358 88th Ave. in 2008. After Falardeau went missing, his brother filed a report with the Surrey RCMP Missing Persons Unit. Encountering clouds of flies in the August heat, police found Falardeausa国际传媒檚 headless torso stuffed inside a suitcase in a closet. His thumbs, anus, scrotum and testes were found in plastic bags in the refrigerator freezer. His skull, with some hair and part of the spine still attached, was found three months later, in marshy tall grass in a hollow off a pathway along the Hydro right-of-way, near 92nd Avenue and King George Boulevard.
During the trial - held in New Westminster and Vancouver in 2012-13 - Crown prosecutor Christopher McPherson said that when the police asked Hosack where he put Falardeausa国际传媒檚 head, an sa国际传媒渆ntitysa国际传媒� purporting to be his long-dead grandfather replied, sa国际传媒淚n the Y next to the Z. Next to Zion. You donsa国际传媒檛 want to go.sa国际传媒�
McPherson argued at trial that Hosack murdered Falardeau to punish him for sa国际传媒渕essingsa国际传媒� with his designs. The prosecutor noted that during a 12-hour police interview sa国际传媒渃hock-a-blocksa国际传媒� full of delusions, Hosack spoke of nuclear cutting wire, more efficient ways to wage war, light-speed engines and other stuff hesa国际传媒檇 designed. During his interview with police, Hosack said Falardeau had belittled him about his designs, laughed at him, and threw his plans and binders out. Falardeau fell into darkness, he said, sa国际传媒渂ecause he was looking at something that wasnsa国际传媒檛 his to behold.sa国际传媒�
Toward the end of his interview with police, the court heard, Hosack spoke of sa国际传媒淭he Entity.sa国际传媒� A voice claiming to be that of his dead grandpa said Falardeau died sa国际传媒渇aster than he ever thought possiblesa国际传媒� and that his grandson saw him sa国际传媒渟nap his head like a twig.sa国际传媒�
The voice told police he sa国际传媒渁ppropriatedsa国际传媒� Falardeausa国际传媒檚 soul and then sa国际传媒渟catteredsa国际传媒� it. sa国际传媒淵ou would call it murder,sa国际传媒� the voice said.
tom.zytaruk@surreynowleader.com
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