B.C.’s Court of Appeal is in Vancouver. (File photo: Tom Zytaruk)

B.C.’s Court of Appeal is in Vancouver. (File photo: Tom Zytaruk)

Judgment reserved in Surrey Six slayings appeals

Six men were killed in suite 1505 of the Balmoral Tower in Whalley on Oct. 19, 2007

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 “in due course.”

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 Crown’s 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.

“They don’t ever do that,” he said Tuesday. “They give us a head’s up a week before it’s going to come out.”

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.

“They will come back with their findings some time in spring of 2021,” Mohan told the Now-Leader. “Between March and May.

“It was quite difficult to sit and listen to everything,” 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.

READ ALSO UPDATED: Couple faces 69 charges related to CBSA Surrey immigration fraud investigation

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 “unfairness,” and that a new trial should be ordered because the trial judge “erred in her assessment of the reliability” of evidence from two “Vetrovec” 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 Crown’s response, contained in a factum, is that the judge “did not err in excluding the appellants” because they didn’t have a right to be present “when information which could tend to identify an informer was revealed,” and that the trial judge did not err in assessing the Vetrovec witnesses evidence.

The appellant’s 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 “failed to demonstrate any basis upon which this Court may interfere with the judge’s exercise of discretion.

“No useful purpose would be served by an evidentiary hearing in the trial court,” the Crown’s document reads. “Such 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 gang’s turf, they murdered six men, two of whom were unconnected with the drug trade, execution-style as those men lay defenceless on the floor.

“The appellants and their Red Scorpion(“RS”) gang associate chose this wanton and pitiless violence over the option of simply abandoning their callous, dangerous and risky plan,” a portion of the Crown’s factum reads. “The resulting carnage was unspeakable. A stay of proceedings will always be a disproportionate response. This ground of appeal ought to be dismissed.”



tom.zytaruk@surreynowleader.com

Like us on Facebook and follow Tom on Twitter

CourtSurrey

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The 2020 Wasa Triathlon was cancelled. Above, the bike portion of the 2019 event. Bulletin file
Gerick Sports Wasa Triathlon committee is going ahead with planning 2021 event

Lots of uncertainty, but the committee has decided its too early to cancel

Dr. Albert de Villiers, Chief Medical Health Officer for the Interior Health Authority. (Contributed)
‘People need to start listening’: IH top doc combats COVID-19 misconceptions

Dr. Albert de Villiers says light at the end of the tunnel will grow in step with people’s adherence to PHO guidance

(File)
One death and 82 new cases of COVID-19 in Interior Health

1,981 total cases, 609 are active and those individuals are on isolation

Bootleg Gap Golf Course has been sold to Simkins Golf Management Inc. for $3 million.
Bootleg Gap Golf Course sold to Simkins Golf Management for $3 million

After the decision was made to sell back in October 2019, Council… Continue reading

Robyn Ostlund wants to get people moving in December and also raise money for the Food Bank. Photo submitted
Fundraiser for Kimberley Food Bank keeps you moving

Last year, Robyn Ostlund of Kimberley organized a fundraiser to assist the… Continue reading

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, Nov. 9, 2020. THE CANADIAN PRESS/Darryl Dyck
Another 694 diagnosed with COVID-19 in B.C. Thursday

Three more health care outbreaks, 12 deaths

Melissa David, of Parachutes for Pets and her dogs Hudson and Charlie are trying to raise money for a homeless shelter that will allow pets and are seen in Calgary, Alta., Thursday, Feb. 6, 2020.THE CANADIAN PRESS/Jeff McIntosh
‘My only wish:’ Children asking pet charity to help their furry friends at Christmas

Parachutes for Pets says it has received 14 letters from children in the last week t

Melissa Velden and her chef-husband Chris Velden, stand in their dining room at the Flying Apron Inn and Cookery in Summerville, N.S. on Friday, Nov. 20, 2020. The couple is hosting holiday parties with appropriate distancing and other COVID-19 health protocols in place at their restaurant. THE CANADIAN PRESS/Andrew Vaughan
Celebrities, Santa and Zoom part of office holiday parties being held amid COVID-19

Many will send tokens of appreciation to workers or offer time off or cash

Richard Reeves examines a painted film strip in his home studio. Photo: Aaron Hemens
PHOTOS: Pandemic inspires creativity for Creston animator Richard Reeves

For more than 30 years, Richard Reeves has been creating abstract animated short-films by drawing and painting images onto strips of film.

Good Samaritan Mountainview Village located at 1540 KLO Road in Kelowna. (Good Samaritan Society)
First long-term care resident dies from COVID-19 in Interior Health

Man in his 80s dies following virus outbreak at Mountainview Village

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

A demonstrator wears representations of sea lice outside the Fisheries and Oceans Canada offices in downtown Vancouver Sept. 24, demanding more action on the Cohen Commission recommendations to protect wild Fraser River sockeye. (Quinn Bender photo)
First Nations renew call to revoke salmon farm licences

Leadership council implores use of precautionary principle in Discovery Islands

Ten-month-old Aidan Deschamps poses for a photo with his parents Amanda Sully and Adam Deschamps in this undated handout photo. Ten-month-old Aidan Deschamps was the first baby in Canada to be diagnosed with spinal muscular atrophy through Ontario’s newborn screening program. The test was added to the program six days before he was born. THE CANADIAN PRESS/HO, Children’s Hospital Eastern Ontario *MANDATORY CREDIT*
First newborn tested for spinal muscular atrophy in Canada hits new milestones

‘If Aidan had been born any earlier or anywhere else our story would be quite different’

Most Read