Canada: Accused gang leader Nick Chan turns himself in to face new murder trial - PressFrom - Canada
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CanadaAccused gang leader Nick Chan turns himself in to face new murder trial

23:15  06 march  2019
23:15  06 march  2019 Source:   cbc.ca

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Alleged gang leader Nick Chan must turn himself in to authorities and will have a new murder trial after the Alberta Court of Appeal overturned a Calgary judge's decision to stay all charges last year. Last April, Court of Queen's Bench Justice Paul Jeffrey ruled Chan 's right to be tried.

Alberta’s Court of Appeal has ordered a new murder trial against an accused gang leader whose case was tossed out because it took nearly five years to get to trial . The court says Nicholas Chan of Calgary is to turn himself in , or a warrant will be issued for his arrest.

Accused gang leader Nick Chan turns himself in to face new murder trial © Meghan Grant/CBC Nick Chan leaves the Calgary Court Centre last year after being acquitted on charges of murder, conspiracy to commit murder and leading a criminal organization.

Calgary police say alleged gang leader Nick Chan has turned himself in, after the Alberta Court of Appeal ordered that he face a new murder trial.

The appeal court issued the decision on Tuesday, overturning a Calgary judge's decision last year to stay all charges against Chan due to delays in trying the case.

Chan was given 24 hours to turn himself in to the Calgary Remand Centre.

Calgary police said on Wednesday that Chan had surrendered to authorities.

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Alleged gang leader Nick Chan is freed again after facing murder charges, this time because a Calgary judge issued a stay because the trial did not "It is very difficult to be accused of such serious crimes and have to defend yourself when you are held as a pretrial inmate, especially at the Calgary

Notorious Calgary gang leader Nick ( Nicholas ) Chan is a free man. He was scheduled to stand trial in front of a jury this week. Chan was accused of the first-degree murder of Kevin Anaya and conspiring to murder Kevin Bontogon. He was also charged with directing a criminal organization.

Earlier decision overturned

The charges against Chan include first-degree murder, conspiracy to commit murder and instructing a criminal organization.

But Court of Queen's Bench Justice Paul Jeffrey ruled in April 2018 that Chan's right to be tried within a reasonable time had been violated and ordered all the charges be stayed.

The Crown appealed Jeffrey's decision the day after the stay was ordered.

In a written decision issued Tuesday, the panel of three judges on the appeal court agreed unanimously that the delay was "justified under the complex case exception or under the transitional exception."

The panel also found the trial judge erred in failing to attribute a particular portion of the delay to the defence, which would have reduced the 57-month delay to 35 months "after accounting for the time consumed by discrete events."

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Court orders new trial for accused Calgary gang leader . Nick Chan enters a taxi outside the Calgary Courts Centre on April 17, 2018 after having his murder charge stayed. Chan has been directed to turn himself in to the Calgary Remand Centre within 24 hours or a warrant will be issued for his arrest.

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Calgary gang war

Chan was alleged to be leader of the Fresh Off the Boat (FOB) gang, and was charged with first-degree murder for allegedly being behind the death of Kevin Anaya, who was linked to the rival Fresh off the Boat Killers (FK) gang.

Between 2002 and 2009, 25 people in Calgary were killed in the FOB-FK gang war.

A massive police investigation dubbed Operation Desino ended in July 2013 with six people, including Chan, facing numerous murder charges.

In March 2016, a jury acquitted Chan of first-degree murder for Calgary's Bolsa Restaurant triple murder in 2009.

In December 2017, he was acquitted of several weapons-related charges following a trial.

Until his release last April, Chan had been in custody since his arrest in July 2013.

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