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

(Submitted by Cassidi Markus)
Snow flurries forecasted for the Okanagan this weekend

Arctic front expected to bring colder than average temperatures and snow

A health-care worker prepares to swab a man at a walk-in COVID-19 test clinic in Montreal North, Sunday, May 10, 2020, as the COVID-19 pandemic continues in Canada and around the world. (THE CANADIAN PRESS/Graham Hughes)
Interior Health records 21 new COVID-19 cases over the weekend

Thirty-six cases remain active; two people are in the hospital, one of whom is in intensive care

The Summerland Steam will play their first exhibition game of the season on Friday, Oct. 23. Unlike previous years, there will be no spectators allowed in the stands this year in an effort to slow the spread of the COVID-19 pandemic. (Brennan Phillips - Black Press)
Junior B hockey teams to play in empty arenas

Summerland Steam and other teams affected by decision to close facilities to fans

Canadian Horizons is taking steps to develop a 320-unit residential neighbourhood at 1050 Spiller Road, northeast of the City of Penticton. (Canadian Horizons photo)
Penticton Indian Band opposes Canadian Horizons development

Proposed residential development will remove the protected rights of the syilx Nation, says PIB

This picture taken in yesteryears shows how popular the Naramata public beach has been over the years.
(Naramataslow)
It does take a village to save a beach

Nearly $600K raised so far to preserve Naramata park

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

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

The Regional District of Okanagan-Similkameen is conducting a citizen survey. (Black Press file photo)
Regional District of Okanagan-Similkameen survey to conclude Nov. 1

2020 Citizen Survey results used to evaluate services

Vernon Fire Rescue Services and Vernon-North Okanagan RCMP were called to a report of an electrical fire at the emergency response centre operated by Turning Points Collaborative Society on 37th Street Sunday, Oct. 18, just before 5:30 p.m. The fire displaced shelter residents who have been set up with services at the Vernon Recreation Complex. (Roger Knox - Morning Star)
Vernon shelter residents find refuge in hotels, motels, recreation complex after fire

Electrical fire at Turning Points Collaborative Society’s emergency response centre on 37th Street

RCMP. (Phil McLachlan - Black Press Media)
Kelowna man charged after allegedly stealing senior’s car

Elderly woman’s car was stolen while she was shopping

Salmon Arm RCMP say residents have been receiving calls from fraudster claiming to be with Publishers Clearing House. (File photo)
Salmon Arm RCMP warn of Publishers Clearing House telephone scam

Police say scammer requests fee to claim sweepstakes prizes

Osoyoos Fire Department responded to reports of a vehicle engulfed in flames Sunday (Oct. 18) evening at a Lambert Court residence. (Osoyoos Fire Department)
Osoyoos Fire Department knock down car fire near home

Blaze was ‘really close’ to becoming a structure fire

Colin James put on a great show at the Comox Valley Exhibition Grounds as part of the 2019 Vancouver Island MusicFest. But his Okanagan tour for 2020 has been postponed until 2021. (Photo by Terry Farrell)
COVID-19 cancels more Okanagan concerts

The Contenders and Colin James postponed until 2021

Most Read