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

Based at the Cowichan Sportsplex, Playcare is a program aimed at promoting physical literacy skills through fun and exciting games and activities. (Citizen file)
Free after-school program offered at Cowichan Sportsplex

PacificSport holding Playcare twice a week

The Cowichan Steelheads’ Jesus Martinez (left) and the Cowichan 49ers’ Daryl Rodgers chase down the ball during Saturday night’s all-Cowichan clash at the Sherman Road turf. (Kevin Rothbauer/Citizen)
Cowichan masters derby takes unexpected turn

Soccer commnity comes together in midst of battle

Kerry Park Islanders defenceman Taylor Webb emerges with the puck from a scrum along the boards during Saturday’s home game against the Saanich Predators. (Kevin Rothbauer/Citizen)
Optimized results keep Kerry Park Islanders rolling

Several forwards hitting or nearing career highs just six games into season

Our Home on 8th, the Port Alberni Shelter that opened in March 2019, has 27 extra ‘extreme weather’ spaces for people who need a place to get out of the cold. (SUSAN QUINN/ Alberni Valley News)
BC VOTES 2020: Mid-Island candidate plans occupation of shelter to protest homelessness

Graham Hughes says homeless situation a ‘crisis’ in Port Alberni

Parksville’s Jared Huggan won $75,000 playing BC/49. (BCLC/Photo submitted)
Vancouver Island man $75K richer after purchasing winning lottery ticket at Nanaimo Walmart

Parksville’s Huggan plans to purchase electric bike for partner

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

Actor Ryan Reynolds surprised a Shuswap family with a special birthday message to their son who was worried he’d be alone on his 9th birthday on Nov. 24. (Tiffanie Trudell/Facebook)
Ryan Reynolds text almost gives away Shuswap boy’s birthday surprise

Deadpool actor helps remind eight-year-old Canoe resident he’s not alone

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Vancouver police reactivated the search for Jordan Naterer Thursday Oct. 22. Photo courtesy of VPD.
Mom of missing Manning Park hiker believes her son is waiting to come home

‘He’s going to come out of a helicopter and say ‘what took you so long?”

Environment Minister George Heyman, Premier John Horgan and Energy Minister Michelle Mungall announce that B.C. Hydro is proceeding with construction of the Site C dam, Dec. 11, 2017. (Tom Fletcher/Black Press)
Site C actions, costs won’t be known until after B.C. election, Horgan says

Peace River diverted for construction of reinforced dam base

One of the squirrels who ended up having their tails amputated after getting them stuck together with tree sap. (Facebook/Wild ARC)
Squirrels recovering from tail amputation after sap situation near Victoria

BC SPCA Wild ARC says squirrels will be released back into wild, fifth sibling was euthanized

Most Read