Crown appeals murder acquittal

Prosecutor says judge made errors during trial for man accused in fatal stabbing

Alberta’s Crown is seeking a retrial for a man acquitted of second-degree murder tied to a 2015 fatal apartment stabbing in downtown Edmonton.

The Crown is arguing the trial judge misinterpreted and misapplied principles under the Criminal Code and erred in determining what is required to establish legal causation, states the notice of appeal filed July 25.

Court of Queen’s Bench Justice Joanne Goss found Tyler Gordon Strathdee not guilty of second-degree murder in the stabbing death of Deng Tong. In her decision issued June 26, Goss determined “the Crown has not proved beyond a reasonable doubt” that Strathdee caused Tong ’s death. Goss said the Crown’s key witnesses were “unsavoury,” many having drug and addiction issues at the time of the offence as well as a criminal record.

“There were serious credibility and reliability issues with the evidence of all of these witnesses,” she said.

An agreed statement of facts entered into court outline the circumstances surrounding Tong ’s death on Feb. 22, 2015.

Tong was found by police suffering from a single stab wound to the chest in an apartment near 107 Avenue and 103 Street where he was transported to hospital and succumbed to his injury. DNA found on a knife and hatchet found in a separate apartment linked Strathdee to the stabbing.

The Crown argued Strathdee was in possession of a knife when he entered the apartment. The accused’s lawyers countered that although there is no dispute Strathdee was in the apartment at the time the victim was stabbed, “there is no reliable evidence that he inflicted the single stab wound to the chest.”

Goss sided with the defence, acquitting Strathdee of second-degree murder as well as the lesser

There were serious credibility and reliability issues with the evidence of all of these witnesses.

charge of manslaughter. He was found guilty on one charge of aggravated assault.

But the Crown believes Goss misinterpreted the “Parties to offence” section of the Criminal Code as well as establishing legal causation, making up its grounds for appeal.

“The learned trial judge erred in law by requiring that to establish legal causation the Crown must prove the respondent directly caused the specific injuries that resulted in the deceased’s death for the respondent to be found guilty of the manslaughter,” the Crown said in its appeal submission.