Crown wants new trial in Chan murder case

A Calgary judge ruled that purported gang leader Nick Chan was a victim of unreasonable delay as a way to thwart the Crown appealing another decision he made in his murder case, a prosecutor said Tuesday.

Crown lawyer Iwona Kuklicz told a three-member Court of Appeal panel they should rule that Justice Paul Jeffrey’s decision to stay Chan’s prosecution was based on bias.

But Chan’s lawyer, Andrea Serink, said Jeffrey acted properly and the appeal court should uphold his decision to toss the case against Chan.

Jeffrey ruled last April that Chan was a victim of a Charter breach of his right to be tried within a reasonable period of time — in connection with the Aug. 9, 2008, shooting death of non-gang member Kevin Anaya — based on guidelines established by the Supreme Court in the Jordan case.

But Kuklicz argued the decision was made after the prosecution indicated it would be asking Jeffrey to direct jurors to acquit Chan after he had ruled inadmissible the testimony of the Crown’s star witness.

“The Jordan decision only came out after the Crown advised it would be seeking a directed verdict,” she said.

“Judicial impartiality is integral to the ... justice system,” Kuklicz told the appeal judges. “Those reasons (to stay Chan’s charge) were provided in the face of an appeal.”

She said Jeffrey didn’t want the Crown to be able to appeal his decision to reject the testimony of the star witness, who can’t be identified.

“He was trying to prevent further judicial review on this matter.”

But Serink said not only did Jeffrey not show bias, his decision to find unreasonable delay was a sound one.

The appeal judges reserved their decision.