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)

2 men appeal convictions in Surrey Six slayings

They were convicted of murdering six people in suite 1505 of the Balmoral Tower in Whalley on Oct. 19, 2007

The Surrey Six murder case, 13 years after the killings, is once again before the courts.

The British Columbia Court of Appeal on Wednesday began hearing conviction appeals in Regina v. Haevischer and Regina versus Johnston during what’s expected to be a three-day webcast.

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 must pore over.

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 on that same floor and had she been home at the time, she likely would have shared his fate.

She was in court Wednesday.

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 are hearing the appeals.

The defence appeals 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 alleges abuse of process and failure on the part of the Crown to disclose evidence. Both also are advancing separate grounds for appeal.

The Crown, in one of its respondent factums, argues 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 continues. “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

A cup of tea can be a great hand-warmer on a cold day. (submitted)
Tea: it picks you up, it does not let you down

A good cup of tea never fails to brighten up the day

A map created by Clear Seas Centre for Responsible Marine Shipping, which assesses the sensitivity of Canada’s Pacific Coast to oil spills. This map highlights the Douglas Channel and other inlets and waterways around Kitimat and out to the coast. (Clear Seas map)
Douglas Channel scores ‘medium’ to high’ on oil spill sensitivity study

The study was done by a not-for-profit group specializing in sustainable marine shipping

Jody Craven of Kitimat has been announced as the BC Libertarian Party’s candidate for North Coast riding MLA on Oct. 5. (Jody Craven photo)
Jody Craven of Kitimat in the running for North Coast MLA

BC Libertarian Party has announced Craven as North Coast candidate for riding

Martin Holzbauer, independent, Nicole Halbauer, BC NDP, and Ellis Ross, BC Liberal Party, are the candidates for the Skeena riding in the upcoming provincial election. (Terrace Standard/BC NDP)
Skeena candidates talk northwest education

Online learning access and early childhood education were common themes

Stikine provincial election candidates (clockwise from top left): Nathan Cullen, NDP; Darcy Repen, Rural BC Party; Rod Taylor, Christian Heritage; and Gordon Sebastian, BC Liberals.
‘Where is Annita McPhee?’: Cullen under fire from opening salvo of all-candidates forum

Four Stikine candidates spar during online debate from Prestige Hudson Bay Lodge in Smithers

Working smoothly together on May 11, 2020, health minister Adrian Dix, B.C. Liberal health critic Norm Letnick, provincial health officer Dr. Bonnie Henry and sign language interpreter Nigel Howard. (B.C. government video)
COVID-19 co-operation a casualty of B.C.’s pandemic election

NDP’s Horgan weaponizes senior care, B.C. Liberal Wilkinson calls for ‘wartime economy’

A 34-year-old man was treated for a gunshot wound in Williams Lake Monday, Oct 19, 2020. (Angie Mindus photo - Williams Lake Tribune)
Williams Lake man treated for gunshot wound after accidental shooting: RCMP

Police are reminding residents to ensure firearms are not loaded when handling them

A injection kit is seen inside the newly opened Fraser Health supervised consumption site is pictured in Surrey, B.C., Tuesday, June 6, 2017. THE CANADIAN PRESS/Jonathan Hayward
B.C. records 127 fatal overdoses in September, roughly 4 each day

Vancouver, Surrey and Victoria continued to see the highest numbers of overdoses

Investigators work at the Sagmoen farm in Silver Creek. - Image credit: Observer file photo.
Sex workers allegedly called to farm of Okanagan man convicted of assault, RCMP investigating

Curtis Sagmoen, convicted in relation to assault of sex trade workers, is prohibited from soliciting escorts

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

(Black Press Media files)
Early voters more likely to favour NDP, but overall B.C. election is tightening: poll

According to Elections BC, 383,477 people cast a ballot during advanced voting days

(Pixabay)
Wave of racist emails ‘unleashed’ on B.C. researchers investigating racism in health care

The team has received close to 600 calls and emails since the investigation started in July

With local MLA Adam Olsen looking on, BC Greens leader Sonia Furstenau said a Green government would convert BC Ferries into a Crown corporation Wolf Depner/News Staff)
Green leader Sonia Furstenau promises to convert BC Ferries back into Crown corporation

Promise comes Monday afternoon with five days left in campaign

A passer-by walks past a COVID-19 testing clinic in Montreal, Friday, Oct. 16, 2020. THE CANADIAN PRESS/Ryan Remiorz
Canada ‘yet to see’ deaths due to recent COVID surge as cases hit 200,000

Much of the increase in case numbers can be attributed to Ontario and Quebec

Most Read