Convicted murderer Bhupinderpal Gill files appeal
Notice says judge made errors, asks for a new trial
Bhupinderpal Gill, the OC Transpo driver serving life in prison for the Jan. 29, 2014, killing of his wife, has filed an appeal, asking the Ontario Court of Appeal to quash his murder conviction and order a new trial.
According to the notice of appeal by his lawyer, James Harbic, the trial judge erred for not halting the trial with a directed verdict after the Crown failed to call any evidence showing that Gill helped plan the killing — a key element needed for a first-degree murder conviction.
The most incriminating evidence against Gill came after the fact, namely that he hid one of the murder weapons.
He testified that he hid the weapon because he was worried that he would be blamed for the killing.
Harbic argued unsuccessfully — in the absence of the jury — for a directed verdict after the Crown rested its case, but Superior Court Judge Julianne Parfett dismissed it.
Gill and Gurpreet Ronald were found guilty of first-degree murder on Wednesday for the killing of his wife, Jagtar Gill, 43.
She was slashed and bludgeoned to death in her Barrhaven living room as she recovered from surgery. It was the 17th anniversary of their marriage.
The police theory, adopted by the jury, is that the secret lovers killed Jagtar Gill so they could be together.
The notice of appeal also contends that the trial judge erred by dismissing a pre-trial motion to exclude jurors who had a connection to OC Transpo, where Gill and Ronald worked as bus drivers.
One of the seven jurors is married to an OC Transpo bus driver.
Gill’s defence team — father and son duo James and Robert Harbic — also say the judge erred when she admitted bad character evidence against Gill when two witnesses testified that he was an abusive husband. One of his neighbours, Scott Fewer, testified that Gill had once told his daughter to lie to police about the time he hit his wife.
Under cross-examination at trial, James Harbic established that it was the first time the witness had ever mentioned the incriminating detail.
Fewer didn’t mention it in either of his interviews with police detectives, the lawyer noted at trial.
The defence lawyer branded Fewer a liar in court, saying he fabricated the story. Fewer, an Algonquin College teacher, denied lying.
Gill’s defence team also says the trial judge erred by allowing evidence from Jagtar Gill’s longtime work colleague, Barbara Reynolds, who said her slain friend once revealed that her husband was abusive.
The court did not hear a detailed explanation about it.
“We are optimistic that we will be successful in securing him the right to a new trial,” James Harbic said.
Gill’s defence team will review transcripts of the 10-week trial and mine them for any more potential grounds for appeal to bolster their client’s bid to win a new trial.
Gill and Ronald are eligible for parole in 25 years.