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CanadaNo new trial for Travis Vader, appeal court rules

21:21  17 may  2019
21:21  17 may  2019 Source:   cbc.ca

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Convicted killer Travis Vader 's bid for a new trial has been rejected by the Court of Appeal of Alberta. But after it was discovered that Court of Queen's Bench Justice Denny Thomas had relied on a section of the Criminal Code that had been ruled unconstitutional, Thomas downgraded the

No new trial for Travis Vader , appeal court rules . Lyle, 78, and Marie, 77, were beginning a road trip to B.C. on July 3, 2010, when they disappeared after Vader 's defence lawyers are still appealing the sentence, he said. And with credit for time served before he was convicted, Vader would be eligible to

No new trial for Travis Vader, appeal court rules © CBC Travis Vader, convicted of manslaughter in deaths of Lyle and Marie McCann, will not get a new trial.

Convicted killer Travis Vader's bid for a new trial has been rejected by the Alberta Court of Appeal.

"We see no prejudice having befallen the appellant as a consequence of the trial judge's analysis, and no benefit in a retrial to test again whether the appellant should have been convicted of manslaughter," the appeal court said in a judgment released Friday.

In January 2017, Vader was sentenced to life in prison for manslaughter in the deaths of St. Albert couple Lyle and Marie McCann.

Last November, lawyers for Vader appeared before the appeal court to argue he should get a new trial on grounds that a number of errors were made during his original trial.

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READ MORE: Travis Vader to appeal manslaughter conviction in the fall. Defence lawyers asked the Appeal Court Friday to order a stay of proceedings “The extraordinary errors committed by the police and the trial judge in this case deprived the public and the appellant of any hope of a prosecution

The court may, on motion, grant a new trial on all or some of the issues—and to any party—as follows: (A) after a jury trial , for any reason for which a Subdivision (b). With the time for appeal to a circuit court of appeals reduced in general to 30 days by the proposed amendment of Rule 73(a), the utility

They argued in court that the trial took too long. They said his convictions should be stayed.

Vader was originally convicted of two counts of second-degree murder.

But after it was discovered that Court of Queen's Bench Justice Denny Thomas had relied on a section of the Criminal Code that had been ruled unconstitutional, Thomas downgraded the convictions to manslaughter.

The McCanns, who were in their late 70s, vanished in 2010 after leaving their home to go camping in British Columbia.

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