Two men convicted in Surrey Six murders can argue abuse of process, court rules
Posted January 28, 2021 2:20 pm.
Last Updated January 28, 2021 11:44 pm.
VANCOUVER (NEWS 1130) – A ruling from B.C.’s highest court could see two men convicted of committing the Surrey Six murders released from prison.
RELATED: Gangster Jamie Bacon gets 18 years for part in Surrey Six murders
“It’s difficult to say how this will unfold, but yes, obviously very pleased with the opportunity to make these arguments and to have the hearing that we asked for at trial.”
If charges are stayed, the pair could be set free.
Matthew Johnston and Cody Haevischer were not granted a new trial, but Johnston’s lawyer Jonathan Desbarats says the BC Court of Appeal has approved an abuse of process hearing which could set them free.
“If the charges were stayed, yes, it could result in that.”#SurreySix
— Marcella Bernardo (@Bernardo1130) January 28, 2021
“The court denied the grounds of appeal requesting a new trial, but they allowed the appeal in part, they granted us an evidentiary hearing on the issue of abuse of process,” he adds.
Johnston and Haevischer were found guilty in 2014 of six counts of first-degree murder for killing four gang members and two bystanders. They appealed the convictions at a hearing last October.
‘When your only son is taken away, what do you do?’
Eileen Mohan’s son, Christopher, was one of two innocent victims killed in the mass shooting at a Surrey highrise in October of 2007.
She says the case keeps breaking her heart over and over again.
“It’s hard to live. It’s hard to live, and sometimes I always think, ‘I wish I didn’t go to work that day.’ And you know, I’d be with Christopher today rather than facing all this,” she tells NEWS 1130. “When your only son is taken away and your life is stolen, what do you do?”
She explains her trust in the justice systems has eroded.
RELATED: Surrey Six shooting victim’s mother disappointed at reports of Jamie Bacon plea deal
“I am quite fearful. If there is a judge out there who is sympathetic to them, then you never know what can happen?'”
A date hasn’t been set for the hearing, but Mohan admits she’s worried both men could be free soon.
Meanwhile, Jamie Bacon — the man who admits he ordered the murder of rival drug dealer Corey Lal — is currently serving an 18-year sentence, but with time already served, he could be released in about five years. He pleaded guilty to conspiracy to commit murder, but it’s not clear he meant for all six men to die.
A ruling from B.C.’s highest court could see two men convicted of committing the Surrey Six murders released from prison. https://t.co/b1yiAhlYYS pic.twitter.com/Omze3ye0eb
— CityNews 1130 Vancouver (Inactive) (@news1130) January 29, 2021
-with files from the Canadian Press
