Accused to testify at civil trial before criminal matter ends
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.