‘Four years of hell’

Kel­loway par­ents be­lieve jus­tice sys­tem con­tin­ues to fail their son

Cape Breton Post - - Front Page - BY CAPE BRE­TON POST STAFF & CP

“It’s been four years of hell.” Mon­ica Kel­loway doesn’t mince words when it comes to how she feels about the Cana­dian ju­di­cial sys­tem after the bru­tal stab­bing death of her son Craig Kel­loway in Calgary in May 2013. She spent this past Thurs­day lay­ing flowers at his grave, four years ago to the day that he died after be­ing stabbed 37 times with three knives, two of which broke dur­ing the at­tack.

“I can’t look at a butcher knife in a store any more — if I do, I see Craig.”

On Fri­day, Mon­ica and her hus­band Har­vey Kel­loway learned the Al­berta Court of Ap­peal had dis­missed two ap­peals in the case of Nicholas Ras­berry who had been found guilty of man­slaugh­ter in Craig Kel­loway’s death in 2015. He had been orig­i­nally charged with sec­ond­de­gree mur­der in Kel­loway’s death and had ad­mit­ted at his trial that he had stabbed Kel­loway after the two men and their wives had spent time drink­ing at a bar­be­cue at Ras­berry’s Calgary home. Ras­berry ar­gued he was fend­ing off an at­tempted sex as­sault when he stabbed his new neigh­bour 37 times.

“I am dis­ap­pointed and an­gry,” said Mon­ica Kel­loway on Fri­day. “I have lost all faith in our jus­tice sys­tem. For a man to use three knives and stab an­other 37 times and they don’t con­sider that to be mur­der - what do they fig­ure mur­der is?

“The jus­tice sys­tem is fail­ing the peo­ple.”

Al­berta’s top court re­jected a re­quest that Ras­berry be ac­quit­ted. The de­fence had ar­gued that the court erred by not fully ac­cept­ing his self-de­fence claim.

“We are sat­is­fied that the trial judge ac­cepted Ras­berry’s ev­i­dence to the ex­tent nec­es­sary to ground the de­fence of par­tial provo­ca­tion,’’ the three-mem­ber ap­peal panel wrote.

“The trial judge found the wrong­ful act as de­scribed by Ras­berry, and the re­sponse to it, met both prongs of the test of provo­ca­tion and the Crown had not proved oth­er­wise.’’

The panel also ruled that the judge acted prop­erly in his find­ing that the sever­ity of Ras­berry’s at­tack on Kel­loway was not rea­son­able. The court also dis­missed the Crown’s sub­mis­sion that Ras­berry should be re­tried be­cause his self-de­fence claim had no “air of re­al­ity.’’

Mon­ica and Har­vey Kel­loway said they will study the de­ci­sions of the Al­berta Ap­peals Court this weekend be­fore mak­ing any fur­ther de­ci­sions on what to do next.

In his ver­dict from Oc­to­ber, 2015, Jus­tice Robert Hall said he did not view the stab­bings as “mere self-de­fence.’’

“Ras­berry stabbed Kel­loway 37 times. In do­ing so, he broke one knife and had ac­cess to an­other. He broke a sec­ond knife and bent a third,’’ Hall said. “It is im­por­tant that the sen­tence de­nounces the crazy, ex­ces­sive force used by Ras­berry in killing Kel­loway. The num­ber of stab­bings and slash­ings with the use of three weapons is a sub­stan­tial, ag­gra­vat­ing fac­tor in this case.’’

Ras­berry re­mains free on bail un­til his ap­peal of his seven-year sen­tence is heard.

Ras­berry

Kel­loway

SUB­MIT­TED PHOTO

From left, Craig Kel­loway and Nicholas Ras­berry are shown in a can­did photo from the night of Kel­loway’s death in Calgary in May 2013. Ras­berry was found guilty of man­slaugh­ter in the case and a sec­ond re­quest for ac­quit­tal was de­nied on Fri­day.

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