Preliminary hearing begins in Thomas Chan murder case
A preliminary inquiry began Monday morning for a young man accused of fatally stabbing his father and critically injuring his father’s common-law spouse in late 2015.
Thomas Chan, 20, is charged with seconddegree murder in the Dec. 28, 2015 death of city gastroenterologist Dr. Andrew Chan as well as attempted murder for allegedly trying to kill his dad’s partner, Lynn Witteveen.
Ten days have been scheduled for the hearing, known as a “trial before a trial” that determines if there is sufficient evidence to set the matter down for trial before a judge with the Superior Court of Justice. It is being held before Madame Justice Esther Rosenberg.
Court heard from the inquiry’s first witness Monday morning, but a publication ban prohibits publishing any evidence, including information that could identify them. The small-courtroom was packed, with nearly 20 people seated in the gallery.
Assistant Crown attorney Andrew Midwood is prosecuting the matter, although Crown attorney Frank Schwalm was also in court Monday. Chan is being represented by city lawyers Dave McFadden and Joleen Hiland.
Thomas Chan was released on $400,000 bail on April 27, 2016 in Newmarket after making about 10 court appearances via video from Lindsay ’s Central East Correctional Centre. He last appeared in court on March 31 for a status hearing.
He was charged after city police were called by a neighbour to a disturbance at his father’s west-end home on Haggis Dr. at about 3:37 a.m. While en route seven minutes later, police got another call from “an involved party” telling them there had been a stabbing, police said.
Officers arrived to find the 50-yearold doctor dead and the injured then50-year-old woman, whose name was not released by police.
Witteveen, who was airlifted to a Toronto hospital, was released from an intensive care unit and moved into a rehabilitation centre before coming home about a year ago.
She is also suing Thomas Chan and Andrew Chan’s ex-wife Rosalia Vastano for $3.95 million for negligence.
Court documents filed on Sept. 19, 2016 argue that Vastano had a duty to warn Witteveen and Dr. Chan of an imminently dangerous situation – but she didn’t.
Details of the argument are contained in the court document, but cannot be reported because they are protected under a publication ban issued as part of Thomas Chan’s legal proceedings.
Witteveen had worked as an administrator in Dr. Chan’s clinic on the upper level of the Collins Barrow building on Charlotte St. – The Endoscopy Centre.
Thomas Chan was a rugby star at Lakefield College School hoping to, as of 2012, make the national men’s rugby team and possibly go to the 2016 Summer Olympics in Brazil.
The student at Kingston-based St. Lawrence College played for Team Canada in a world rugby festival in England, an all-Ontario team, his high school team and the U16 Peterborough Pagans.