Eileen Mohan was preparing for this day, knowing the Supreme Court of Canada would rule on a case involving one of the men found guilty of killing her son more than 15 years ago.
Christopher Mohan was killed along with five others in Surrey, B.C., in October 2007. He was one of two innocent bystanders caught in the crossfire of a bloody gang conflict that set off a years-long legal saga.
The high court ruled Friday that one of the men found guilty of murder will have a chance to provide evidence of police misconduct and mistreatment in prison, potentially allowing him to walk free.
In a unanimous decision, the top court agreed with the B.C. Court of Appeal that it was a mistake to dismiss applications to have all of that evidence heard.
Eileen Mohan said in an interview after the decision that she had hoped the Supreme Court of Canada would B次元官网网址渟quash it all awayB次元官网网址� and uphold the convictions of gangsters Cody Haevischer and Matthew Johnston, who were found guilty of first-degree murder and conspiracy in 2014.
While Johnston died of cancer in prison in December, the high court ruled HaevischerB次元官网网址檚 matter should be sent back to the B.C. Supreme Court, where he B次元官网网址渨ill have the opportunity to argue all the allegationsB次元官网网址� of police misconduct that he claims tainted the investigation and prosecution.
HaevischerB次元官网网址檚 lawyer told the Supreme Court of Canada in October that prosecutors were trying to B次元官网网址渢rivialize serious police misconductB次元官网网址� to preserve the murder convictions and avoid a hearing into new evidence.
B次元官网网址淭he state misconduct in this case was remarkable,B次元官网网址� JohnstonB次元官网网址檚 submission said. B次元官网网址淚t involved torture of the respondents (Haevischer and Johnston), state-funded sexual exploitation of vulnerable witnesses, and police officers who lied about it all.B次元官网网址�
But Mohan said it wasnB次元官网网址檛 the police who killed her son.
B次元官网网址淭hey donB次元官网网址檛 have ChristopherB次元官网网址檚 blood stains on their hands.B次元官网网址�
Mohan said her sonB次元官网网址檚 death destroyed her life, and the Supreme Court of CanadaB次元官网网址檚 ruling has left her B次元官网网址渢otally devastatedB次元官网网址� with the prospect of one of the killers could be released on a technicality.
B次元官网网址淚B次元官网网址檝e just lost faith in the system now because it just feels like itB次元官网网址檚 a revolving door.B次元官网网址�
Mohan said she was grateful to police who worked diligently to bring her sonB次元官网网址檚 killers to justice, and it was unfair to tar every investigator on the case with the same B次元官网网址渕isconduct brush.B次元官网网址�
The officers whose misconduct gave rise to the appeal have been dealt with, she said, and she remains grateful to the officers who respected her son and what happened to him.
B次元官网网址淭hey all cried with me.B次元官网网址�
The B.C. Court of Appeal ruled in 2021 that Haevischer and Johnston should be allowed to seek a stay of proceedings for abuse of process and ordered another hearing, but it stopped short of overturning their guilty verdicts.
Prosecutors appealed, but the Supreme Court of Canada agreed that B次元官网网址渋n light of both the seriousness of the offences and the seriousness of the abuse B次元官网网址� no category of offence is beyond the ambit of the abuse of process doctrine.B次元官网网址�
The Crown claimed Haevischer and JohnstonB次元官网网址檚 bid for a stay was B次元官网网址渕anifestly frivolousB次元官网网址� in a case involving multiple murders, but police misconduct during the investigation included revelations of drunken sexual escapades between police and female witnesses.
Brock Martland, who represented Johnston up until his death, said FridayB次元官网网址檚 ruling is significant, and a new hearing will shed light on police tactics that tainted the prosecution.
B次元官网网址淭here are a whole host of big-picture issues that are going on with this countryB次元官网网址檚 approach to policing, and in particular the approach of the RCMP,B次元官网网址� Martland said.
B次元官网网址淭he evidence that will emerge about police misconduct in this murder investigation may well show there (are) deeper problems than simply one or two or three bad apples, but rather something of a more systemic nature.B次元官网网址�
The original trial heard one person was supposed to die in the gang turf war, but five others were in the apartment at the time, including Edward Schellenberg, who was servicing a fireplace.
Chris Mohan, 22, lived across the hall and his body was also found in the apartment.
Simon Buck, who represents Haevischer, said the Supreme Court of CanadaB次元官网网址檚 decision was ultimately about fairness and preserving the rule of law.
Buck said his clientB次元官网网址檚 ultimate goal is to get a stay and be released from prison, though he understands the difficult position of the victimsB次元官网网址� families.
B次元官网网址淭here may not be a stay of proceedings and (the families) may get what they want.
B次元官网网址淪o, let the procedure run its proper course and, although itB次元官网网址檚 painful for them, hopefully they can see that thatB次元官网网址檚 what should happen in every case, including their own.B次元官网网址�
Martland said his client was determined before he died to get a hearing into evidence of police misconduct and his treatment in prison.
Martland said he is hesitant to claim a victory, since the grief of the victimsB次元官网网址� families remains.
B次元官网网址淭he convictions, the findings of guilt have been established and they have not been upset,B次元官网网址� he said. B次元官网网址淚 think thereB次元官网网址檚 a ruling on procedure that matters across the board for how criminal cases get run in the country, but I donB次元官网网址檛 see this as any sort of a victory in that sense.B次元官网网址�
The B.C. Supreme Court will now hear about new evidence that the defence said came to light after the trial in a statement of former RCMP officer Derek Brassington.
He was charged with obstruction of justice and breach of trust for mishandling witnesses during the investigation.
Defence lawyers told the high court that BrassingtonB次元官网网址檚 plea agreement contains information of police misconduct that wasnB次元官网网址檛 known at the time of their clientsB次元官网网址� trial.
Dan McLaughlin with the B.C. Prosecution Service said in an email that the B.C. Supreme Court will set a date for the hearing in the coming weeks.
Because the matter was before the court, he said, the service wouldnB次元官网网址檛 comment further.
B次元官网网址擠arryl Greer and Stephanie Taylor, The Canadian Press
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