Judge admits to an ‘error’ in Vader case
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.”