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

Parksville Fire Department crews attended the scene of a house fire on Monday, Jan. 18, 2021 at the end of Foster Place in Parksville. No injuries were reported. (Mandy Moraes photo)
Fire crews called to battle house fire in Parksville

No injuries reported, kitty rescued

Emma Nunn from Alberni Valley Rescue Squad waits at the summit of Mount Arrowsmith for the rest of the AVRS rope rescue team on Sunday, Jan. 17, 2021. (PHOTO COURTESY DAVE POULSEN, AVRS)
UPDATE: Injured hikers among three rescued in the dark from Mount Arrowsmith

‘It was a very bad, very precarious spot to be able to locate them’

Kim Burden, executive director of the Parksville and District and Qualicum Beach Chambers of Commerce. (PQB News photo)
PQBeat: Chamber of Commerce executive director Kim Burden looks ahead

Podcast: Talk includes 2021 business plans in Parksville, Qualicum Beach, events and more

The Village Way and Highway 19A roundabout is the Town of Qualicum Beach priority for a grant application. (Google Map)
Qualicum Beach council favours roundabout over turf field project

Mayor believes road project has better chance of landing grant

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C. adjusts COVID-19 vaccine rollout for delivery slowdown

Daily cases decline over weekend, 31 more deaths

A female prisoner sent Langford police officers a thank-you card after she spent days in their custody. (Twitter/West Shore RCMP)
Woman gives Victoria-area jail 4.5-star review in handwritten card to police after arrest

‘We don’t often get thank you cards from people who stay with us, but this was sure nice to see’: RCMP

An elk got his antlers caught up in a zip line in Youbou over the weekend. (Conservation Officer Service Photo)
Elk rescued from zip line in Youbou on Vancouver Island

Officials urge people to manage items on their property that can hurt animals

A Trail man has a lucky tin for a keepsake after it saved him from a stabbing last week. File photo
Small tin in Kootenay man’s jacket pocket saved him from stabbing: RCMP

The man was uninjured thanks to a tin in his jacket

Tla-o-qui-aht First Nation Chantel Moore, 26, was fatally shot by a police officer during a wellness check in the early morning of June 4, 2020, in Edmundston, N.B. (Facebook)
Frustrated family denied access to B.C. Indigenous woman’s police shooting report

Independent investigation into B.C. woman’s fatal shooting in New Brunswick filed to Crown

Delta Police Constable Jason Martens and Dezi, a nine-year-old German Shepherd that recently retired after 10 years with Delta Police. (Photo submitted)
Dezi, a Delta police dog, retires on a high note after decade of service

Nine-year-old German Shepherd now fights over toys instead of chasing down bad guys

Nurses collect samples from a patient in a COVID suspect room in the COVID-19 intensive care unit at St. Paul’s hospital in downtown Vancouver, Tuesday, April 21, 2020. (THE CANADIAN PRESS/Jonathan Hayward)
5 British Columbians under 20 years old battled COVID-19 in ICU in recent weeks

Overall hospitalizations have fallen but young people battling the virus in hospital has increased

Canada released proposed regulations Jan. 2 for the fisheries minister to maintain Canada’s major fish stocks at sustainable levels and recover those at risk. (File photo)
New laws would cement DFO accountability to depleted fish stocks

Three B.C. salmon stocks first in line for priority attention under proposed regulations

Trees destroyed a Shoreacres home during a wind storm Jan. 13, 2021. Photo: Submitted
Kootenay woman flees just before tree crushes house

Pamala DeRosa is thankful to be alive

Most Read