The Province

Accused to testify at civil trial before criminal matter ends

- KEITH FRASER kfraser@postmedia.com

In an unusual move, a judge on Tuesday ordered that a man accused of murder be made available to testify at a civil trial even though his criminal trial is not yet over.

Criminal matters usually take precedence over civil matters and typically conclude before a related civil matter can proceed in the courts. But that propositio­n was tested in the case involving Li Zhao, who has pleaded not guilty to the May 2015 second-degree murder of West Vancouver businessma­n Gang Yuan.

Zhao’s criminal trial, which has seen lengthy delays, was to have concluded this week with final submission­s before a judge. At the same time, a civil trial dealing with the dispositio­n of the murder victim’s $16-million estate began Monday.

An applicatio­n by one of the parties asked for a “spring order” so that Zhao could be brought from the prison where he is incarcerat­ed to testify at the civil trial in B.C. Supreme Court.

On Tuesday, Ian Donaldson, a lawyer who is representi­ng Zhao at the criminal trial, appeared before Justice Elliott Myers at the civil trial. He told the judge that when he first became aware of an applicatio­n for his client to appear at the civil case, he anticipate­d that final submission­s in the criminal case would be over this week.

But, about 10 days ago, the Crown in the criminal trial told him that the work of an expert who had testified at the trial on behalf of the prosecutio­n was now being put “under scrutiny,” said Donaldson. The criminal trial has been adjourned and the expert’s testimony will be put under review before the trial can resume, which may not happen until next year.

Donaldson said he had submission­s on why Zhao should not be called as a witness at the civil matter, but added those submission­s could be made on another day. However, the judge said he did not see any point in deferring the issue.

During a break in the proceeding­s, Donaldson and the lawyers in the civil case discussed ways of proceeding. Donaldson then told the judge that he was OK with Zhao testifying as long as he is not cross-examined on details surroundin­g the murder itself.

“So it appears Mr. Zhao can testify about events that are relevant to the issues before you and that in the circumstan­ces no one sees the need to pursue Mr. Zhao about the particular events that have given rise to the murder charge,” Donaldson said.

Zhao is expected to testify Dec. 6.

The civil trial, which involves two women and five children making claims to the estate, is expected to continue Wednesday.

 ??  ?? Gang Yuan, 42, was Found slain at his homE in WEst VancouvEr in May 2015.
Gang Yuan, 42, was Found slain at his homE in WEst VancouvEr in May 2015.

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