Falconer appeal denied
Convicted of first-degree murder of Amber Kirwan on Jan. 28, 2015
The Nova Scotia Court of Appeal has dismissed an appeal by Christopher Alexander Falconer.
Falconer was convicted of first-degree murder on Jan. 28, 2015, in Pictou Supreme Court by a 12-member jury. He received an automatic life sentence.
The appeal was filed by Falconer on the grounds that the trial judge erred in his instructions to the jury about the admissions parties tendered.
Falconer appealed claiming that the agreements of the admissibility of evidence should not have been included in the agreed statement of facts. The appeal claimed this caused the jury to be inappropriately informed about the voluntariness of the appellant’s statements and that the judge’s failure to intervene led to the jury being confused about the admissions.
In its written decision, the Court of Appeal said that no error took place and the appeal is dismissed.
The trial ran three weeks and included a large amount of forensic evidence as well as testimony from family and friends of both Amber Kirwan and Falconer.
The jury was told that Kirwan went missing Oct. 9, 2011, from downtown New Glasgow after she left a group of friends standing outside Dooly’s pool hall. Her remains were found off a wooded logging road in Heathbell, Pictou County, on Nov. 5, 2011.
Falconer’s family spoke to The News following the trial to say they didn’t think the trial should have been held in Pictou County because of Christopher’s past conviction of second-degree murder in the death of a Pictou cab driver 15 years ago.
They also said they believe there wasn’t enough evidence brought forth during the trial to convict him beyond a reasonable doubt.