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

Velma MacAllister, coordinator of the Langley Christmas Bureau, sits behind a Plexi-glass barrier to check-in clients visiting the charity’s temporary location at Timms Community Centre at Langley City hall during the 2020 holiday season. (Joti Grewal/Langley Advance Times)
Langley Christmas Bureau aid makes for a ‘grateful mother’

Local charity hopes to support more families

A semi truck hauling lumber and a train collided on the tracks near the intersection of 256 Street and 88 Avenue on Friday, Dec. 4, 2020 around 3 p.m. (Google map)
Lumber truck and train collide near Fort Langley

It was a ‘mess’ but no one was hurt, deputy fire chief says

Submit letters to the editor through our website, via email or in writing.
LETTER: Langley City council lauded for anti-nuclear weapons stance

Money spend on weapons should be spend on health and education, peace advocates say

Children's backpacks and shoes are seen at a CEFA (Core Education and Fine Arts) Early Learning daycare franchise, in Langley, B.C., on May 29, 2018. THE CANADIAN PRESS/Darryl Dyck
Our View: Heroes all around us in Langley

We highlighted a small fraction of the people going above and beyond in education

A snow moon rises over Mt. Cheam in Chilliwack on Feb. 8, 2020. Friday, Dec. 11, 2020 is Mountain Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Dec. 6 to 12

Mountain Day, Dewey Decimal System Day and Lard Day are all coming up this week

Robert Riley Saunders. (File)
First Nations Leadership Council demands justice for victims of B.C. social worker

Union of BC Indian Chiefs calls actions of Robert Saunders ‘nothing short of complete depravity’

Sept. 10, 2020 — In the photo is a W.L. McLeod student wearing a mask in a school bus, on his first day back-to-school. This year, due to COVID-19, students will have a different year than most. The President of B.C. Teachers’ Federation told Black Press Sept. 9, that she had a lot of mixed feeling about how ready the education system is for students to be coming back-to-school. Meanwhile, Libby Hart, Principal of W.L. Mcleod Elementary School in Vanderhoof said,” We know some of the families are still unsure, but most of our families have been great in connecting with us and talking to us.” Photos continued on Page 7. (Aman Parhar/Omineca Express)
‘Significant’ changes coming to Fraser Health school exposure notices

Surrey superintendent tweeted there will be 3 letters sent out to a school community

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

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

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Montreal Alouettes’ Michael Sam is set to make his pro football debut as he warms up before the first half of a CFL game against the Ottawa Redblacks in Ottawa on Friday, Aug. 7, 2015. Sam became the first publicly gay player to be drafted in the NFL. He signed with the Montreal Alouettes after being released by St. Louis, but abruptly left after playing one game. THE CANADIAN PRESS/Justin Tang
Study finds Canada a ‘laggard’ on homophobia in sports

Among females, 44 per cent of Canadians who’ve come out to teammates reported being victimized

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

Most Read