Members of the RCMP search the property surrounding an apartment building where six people died in a mulitple homicide in Surrey, B.C. Wednesday, Oct. 24, 2007.JONATHAN HAYWARD/The Canadian Press
A British Columbia judge has rejected an attempt by two gangsters to have convictions related to a mass killing near Vancouver thrown out, ruling Wednesday that alleged abuses by police and jail officials shouldn't outweigh society's need to have the men punished for their crimes.
Cody Haevischer and Matthew Johnston were each convicted last month of conspiracy and six counts of first-degree murder for an October, 2007, shooting in Surrey, B.C., that left six dead, including two innocent bystanders.
Their lawyers alleged the behaviour of several RCMP officers involved in the case – including having sex with protected witnesses – amounted to an abuse of process.
The lawyers also alleged their clients received inhumane treatment in jail following their arrests.
Because of those alleged abuses, the defence lawyers asked a B.C. Supreme Court judge for a stay of proceedings, which would have effectively thrown out the convictions.
Justice Catherine Wedge said the allegations, if true, would represent serious misconduct on the part of the police officers, while the mistreatment in jail would likely violate international treaties that dictate how prisoner's should be treated.
But Justice Wedge said those abuses do not warrant throwing out the convictions.
"In light of the number of victims and the motivation underlying the murders, society's interest in seeing justice done on the merits of this case is profound," she wrote in a 42-page decision.
"I am satisfied that the price of staying these convictions could not be worth the gain to our justice system."
The Crown's theory at trial was that the killings began as a hit on a rival drug trafficker, ordered by the leadership of the Red Scorpions gang. Five others, including a neighbour and a fireplace repairman who were both in the wrong place at the wrong time, were also killed to eliminate potential witnesses, the trial heard.
The allegations against the officers have not been proven, and Wedge did not rule on the veracity of the claims. The criminal case against the four officers has yet to be heard.
James Keller