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 害羞草研究所渟quash it all away害羞草研究所� 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 Haevischer害羞草研究所檚 matter should be sent back to the B.C. Supreme Court, where he 害羞草研究所渨ill have the opportunity to argue all the allegations害羞草研究所� of police misconduct that he claims tainted the investigation and prosecution.
Haevischer害羞草研究所檚 lawyer told the Supreme Court of Canada in October that prosecutors were trying to 害羞草研究所渢rivialize serious police misconduct害羞草研究所� to preserve the murder convictions and avoid a hearing into new evidence.
害羞草研究所淭he state misconduct in this case was remarkable,害羞草研究所� Johnston害羞草研究所檚 submission said. 害羞草研究所淚t involved torture of the respondents (Haevischer and Johnston), state-funded sexual exploitation of vulnerable witnesses, and police officers who lied about it all.害羞草研究所�
But Mohan said it wasn害羞草研究所檛 the police who killed her son.
害羞草研究所淭hey don害羞草研究所檛 have Christopher害羞草研究所檚 blood stains on their hands.害羞草研究所�
Mohan said her son害羞草研究所檚 death destroyed her life, and the Supreme Court of Canada害羞草研究所檚 ruling has left her 害羞草研究所渢otally devastated害羞草研究所� with the prospect of one of the killers could be released on a technicality.
害羞草研究所淚害羞草研究所檝e just lost faith in the system now because it just feels like it害羞草研究所檚 a revolving door.害羞草研究所�
Mohan said she was grateful to police who worked diligently to bring her son害羞草研究所檚 killers to justice, and it was unfair to tar every investigator on the case with the same 害羞草研究所渕isconduct brush.害羞草研究所�
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.
害羞草研究所淭hey all cried with me.害羞草研究所�
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 害羞草研究所渋n light of both the seriousness of the offences and the seriousness of the abuse 害羞草研究所� no category of offence is beyond the ambit of the abuse of process doctrine.害羞草研究所�
The Crown claimed Haevischer and Johnston害羞草研究所檚 bid for a stay was 害羞草研究所渕anifestly frivolous害羞草研究所� 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 Friday害羞草研究所檚 ruling is significant, and a new hearing will shed light on police tactics that tainted the prosecution.
害羞草研究所淭here are a whole host of big-picture issues that are going on with this country害羞草研究所檚 approach to policing, and in particular the approach of the RCMP,害羞草研究所� Martland said.
害羞草研究所淭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.害羞草研究所�
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 Canada害羞草研究所檚 decision was ultimately about fairness and preserving the rule of law.
Buck said his client害羞草研究所檚 ultimate goal is to get a stay and be released from prison, though he understands the difficult position of the victims害羞草研究所� families.
害羞草研究所淭here may not be a stay of proceedings and (the families) may get what they want.
害羞草研究所淪o, let the procedure run its proper course and, although it害羞草研究所檚 painful for them, hopefully they can see that that害羞草研究所檚 what should happen in every case, including their own.害羞草研究所�
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 victims害羞草研究所� families remains.
害羞草研究所淭he convictions, the findings of guilt have been established and they have not been upset,害羞草研究所� he said. 害羞草研究所淚 think there害羞草研究所檚 a ruling on procedure that matters across the board for how criminal cases get run in the country, but I don害羞草研究所檛 see this as any sort of a victory in that sense.害羞草研究所�
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 Brassington害羞草研究所檚 plea agreement contains information of police misconduct that wasn害羞草研究所檛 known at the time of their clients害羞草研究所� 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 wouldn害羞草研究所檛 comment further.
害羞草研究所擠arryl Greer and Stephanie Taylor, The Canadian Press
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