The Province

Judge admits to an ‘error’ in Vader case

- TONY BLAIS

EDMONTON — Travis Vader was convicted of two counts of manslaught­er Monday, soon after his lawyer argued for a mistrial in the lengthy case involving the disappeara­nce of an elderly St. Albert couple.

Court of Queen’s Bench Justice Denny Thomas told Vader, 44, he was vacating his second-degree murder conviction­s based on a legal “error” made in his earlier verdict, adding he was finding him guilty of the lesser and included offences of manslaught­er.

“I accept that it was an error,” the judge said as lawyers argued over whether there should be a mistrial.

Lyle and Marie McCann disappeare­d on July 3, 2010, while driving to British Columbia for a family camping holiday.

A sentencing hearing has been scheduled for December.

Thomas also ordered a pre-sentence report on Vader, although his lawyer, Nate Whitling, told court Vader would likely not co-operate.

Outside court, Whitling said they were “quite disappoint­ed” with the manslaught­er conviction­s and thought a mistrial would have been the “appropriat­e remedy.”

“Obviously, it’s better than the original verdict, but our own view is that there needs to be a new trial altogether,” Whitling said.

Although Whitling said he will have to look at Thomas’ written decision — which the judge said would be issued “shortly” — he said he expects it will be the subject of an appeal.

Crown prosecutor Ashley Finlayson said outside court the manslaught­er conviction­s were “made out by the factual findings” Thomas made in his Sept. 15 verdict.

Finlayson said the Crown would be seeking a penalty at the “upper end of the range.” Manslaught­er sentences can range from a suspended sentence to life in prison.

“We do have two vulnerable elderly people dead at the hands of Mr. Vader. Their bodies have not been recovered. Mr. Vader was on a form of release at the time,” he said.

“Those are the aggravatin­g circumstan­ces that jump out at me, but they are not the only ones.”

 ?? — POSTMEDIA NEWS FILES ?? A judge Monday convicted Travis Vader of manslaught­er, rather than seconddegr­ee murder, citing a legal ‘error’ in his earlier verdict.
— POSTMEDIA NEWS FILES A judge Monday convicted Travis Vader of manslaught­er, rather than seconddegr­ee murder, citing a legal ‘error’ in his earlier verdict.

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