Crown appeals stay of Chan murder trial
Judge ‘erred in law’ with decision to let alleged gang leader go free: prosecution
The conduct of the judge who let purported gang leader Nick Chan walk free from a murder charge Tuesday “created a reasonable apprehension of bias,” the Crown says in its appeal of his ruling.
In the notice of appeal filed just a day after Justice Paul Jeffrey stayed charges against Chan, the prosecution said a new trial should be ordered.
“The learned trial judge erred in law by finding a violation of s. 11 ( b) of the Charter,” the document said, citing the section of the charter dealing with the right to be tried within a reasonable time.
“The learned trial Judge’s conduct created a reasonable apprehension of bias,” it added.
Jeffrey ruled the Crown hadn’t brought Chan to trial in a timely manner moments before a jury was supposed to begin hearing evidence in the case.
As it turns out, jurors weren’t going to hear any testimony in the case, as lead Crown prosecutor Steven Johnston said he would not be calling evidence in light of an earlier ruling by Jeffrey.
Chan was released from custody a short time later.
Last week, the Court of Queen’s Bench judge ruled the prosecution’s star witness wouldn’t be allowed to take the witness stand in the case.
The reasons for Jeffrey ’s rulings are subject to a publication ban pending the appeal.
Jeffrey said the star witness, whose identity is also protected by a publication ban, couldn’t give evidence.
That witness, a former gang member, testified against Chan in an earlier murder trial in which he was acquitted.
A jury in 2016 found Chan not guilty of the first-degree murder of rival gang member Sanjeev Mann.
Mann and gang associate Aaron Bendle were gunned down inside the Bolsa restaurant off Macleod Trail on Jan. 1, 2009.
Restaurant patron Keni Su’a was killed outside trying to flee the carnage. Chan was to stand trial beginning this week for the Aug. 9, 2008, shooting death of non-gang member Kevin Anaya and of plotting to kill rival gangster Kevin Bontagon, who was the actual target the day Anaya was slain.
He was also charged with directing a criminal organization.
Following Jeffrey’s oral ruling, Johnston said the prosecution would have to wait to see his written decisions, which haven’t been released yet, to determine whether to appeal.
The appeal was filed by prosecutor Joanne Dartana of the appeals branch out of Edmonton.