Fal­coner ap­peal de­nied

Con­victed of first-de­gree mur­der of Am­ber Kir­wan on Jan. 28, 2015

Cape Breton Post - - PROVINCE - BY TC ME­DIA

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.

TC ME­DIA PHOTO

In this file photo, Chris Fal­coner, ac­cused in the mur­der of Am­ber Kir­wan, is led from court in Pic­tou.

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