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

Ryan Bavin of Bavin Glassworks in Invermere. Photo: Submitted
Call for entries for Columbia Basin Culture Tour

Deadline for registration for artists and venues is April 15

File photo
Castlegar sees spike in crime over winter

Local RCMP report increase in calls

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
36 new cases of COVID-19, one death in Interior Health

The number of active cases in the region is at 366

Jesse Teindl (left) is grateful for support in his fundraiser for research of a genetic disease that prematurely claimed the lives of his father Tim (right) and uncle Craig Teindl. Photo: Submitted.
Kootenay community steps up for Skinny Genes fundraiser

Fundraiser auction for rare genetic disease raises more than $10,000 for Skinny Genes Foundation

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry head for the B.C. legislature press theatre to give a daily update on the COVID-19 pandemic, April 6, 2020. (B.C. government)
B.C. nears 300,000 COVID-19 vaccinations, essential workers next

564 new cases, four deaths, no new outbreaks Thursday

Shiromali Krishnaraj arrives from India and receives a mandatory COVID-19 test at Pearson International Airport during the COVID-19 pandemic in Toronto on Monday, Feb. 1, 2021. B.C.’s approved rapid tests also use a nasal swab, with a machine to scan for COVID-19 antibodies. THE CANADIAN PRESS/Nathan Denette
B.C.’s rapid COVID-19 tests have produced only two positive results

Tests deployed for exposures in schools, outbreaks in care homes, jails

BC Emergency Health Services confirmed that a call was received just before 10 a.m. Ground paramedics, as well as an air ambulance, are on the way to the area. (SUSAN QUINN/ Alberni Valley News)
BREAKING: Helicopter goes down on Bowen Island

Unclear how many passengers aboard and unclear where the helicopter was going

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The Nanaimo bar display at the Nanaimo Museum. (City of Nanaimo Instagram)
City of Nanaimo points to correct recipe after New York Times botches batch of bars

City addresses ‘controversy’ around dessert square’s layers

A man holds a picture of Chantel Moore during a healing gathering at the B.C. Legislature in Victoria on June 18, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. First Nation demands transparency in probe into second fatal RCMP shooting

‘Police have killed more Tla-o-qui-aht First Nation members than COVID’

Provincial health officer Dr. Bonnie Henry updates B.C. on the COVID-19 situation. (B.C. government)
Dr. Bonnie Henry predicts a ‘post-pandemic world’ for B.C. this summer

‘Extending this second dose provides very high real-world protection to more people, sooner’

The B.C. Supreme Court ruled Feb. 26 that the estate of deceased Sooke man and Hells Angels prospect Michael Widner is to be divided between his wife and his secret spouse. (Black Press Media file photo)
Estate of dead B.C. Hells Angels prospect to be divided between wife, secret spouse

Michael Widner’s 2017 death left a number of unanswered questions

This Dec. 2, 2020 photo provided by Johnson & Johnson shows vials of its Janssen subsidiary’s COVID-19 vaccine in the United States. THE CANADIAN PRESS/AP-Johnson & Johnson via AP
Canada approves Johnson & Johnson’s 1-shot COVID-19 vaccine

It is the 4th vaccine approved in Canada and the 1st that requires just a single dose

Most Read