Killers could be sentenced in December
Crown attempts to get motion that would delay hearing thrown out
Relatives of the Surrey Six victims may finally get to address two men convicted in the 2007 massacre if a sentencing hearing tentatively set for early December goes ahead.
Crown prosecutor Mark Levitz suggested to B. C. Supreme Court Justice Catherine Wedge Friday that gangsters Cody Haevischer and Matthew Johnston could be sentenced in December if he’s successful in getting a defence abuse of process motion thrown out.
Levitz will make his arguments to dismiss the motion at a hearing scheduled over seven days beginning Oct. 27 at Vancouver Law Courts.
If Levitz is unsuccessful, the motion will go to a full hearing over three weeks in December, with lawyers for Haevischer and Johnston arguing that the charges against their clients should be stayed due to alleged police misconduct, as well as mistreatment of the Red Scorpions in jail after their arrest.
That would delay sentencing in the high- profile murder case until the new year.
Haevischer and Johnston were convicted Oct. 2 of six counts of first- degree murder and one of conspiracy in the Oct. 19, 2007 slayings of drug dealers Corey and Michael Lal, Ryan Bartolomeo, Eddie Narong and bystanders Chris Mohan and Ed Schellenberg. Both face mandatory sentences of life in prison with no parole eligibility for 25 years.
Wedge agreed Friday to a defence request for two Toronto lawyers to be retained to represent the interests of the Surrey Six killers on legal issues related to police dealings with a confidential informer in the murder case.
Johnston lawyer Brock Martland asked earlier to have the lawyers appointed if an in camera session is necessary on the informer issue.
Details about the informer and the information he or she provided, related to a key Crown witness known only as Person X, were laid out at a secret hearing before the Surrey Six trial began on Sept. 30, 2013.
Even defence lawyers for the accused were not allowed into the hearing, at which their clients’ interests were represented by “amici” — or friends of the court — Toronto lawyers Anil Kapoor and Lindsay Trevelyn.
The same two lawyers have agreed to deal with issues at the abuse of process hearing about how the police handled the informer.