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A Surrey man found guilty of beheading his roommate and desecrating his body in 2008 has lost an appeal of his second-degree murder conviction.
Ernest Allan Hosack was sentenced in 2018 to life in prison with no eligibility for parole for 15 years for the murder of Richard Falardeau, 54.
He appealed his conviction based on the admissibility of a statement he made to police and claimed Justice Terry Schultes erred by finding him not criminally responsible by reason of mental disorder and by failing to stay the case on grounds of 害羞草研究所渦nreasonable delay.害羞草研究所�
The Court of Appeal for British Columbia dismissed his appeal.
害羞草研究所淚n my view, the judge made none of the alleged errors,害羞草研究所� Justice Gail Dickson said in her 9, with Justices David Franklin Tysoe and Lauri Ann Fenlon concurring. 害羞草研究所淗e interpreted the evidence reasonably and drew available inferences that supported his admissibility ruling and his conclusion that Mr. Hosack was guilty of second-degree murder. Nor did the judge err by failing to find Mr. Hosack not criminally responsible given the inconclusive nature of the salient evidence or by failing to stay the proceedings for unreasonable delay.害羞草研究所�
Richard Falardeau, 54, had invited Hosack to share an attic apartment he害羞草研究所檇 been renting at 14358 88th Ave. in 2008. After Falardeau went missing, his brother filed a report with the Surrey RCMP Missing Persons Unit. Encountering clouds of flies in the August heat, police found Falardeau害羞草研究所檚 headless torso stuffed inside a suitcase in a closet. His thumbs, anus, scrotum and testes were found in plastic bags in the refrigerator freezer. His skull, with some hair and part of the spine still attached, was found three months later, in marshy tall grass in a hollow off a pathway along the Hydro right-of-way, near 92nd Avenue and King George Boulevard.
During the trial - held in New Westminster and Vancouver in 2012-13 - Crown prosecutor Christopher McPherson said that when the police asked Hosack where he put Falardeau害羞草研究所檚 head, an 害羞草研究所渆ntity害羞草研究所� purporting to be his long-dead grandfather replied, 害羞草研究所淚n the Y next to the Z. Next to Zion. You don害羞草研究所檛 want to go.害羞草研究所�
McPherson argued at trial that Hosack murdered Falardeau to punish him for 害羞草研究所渕essing害羞草研究所� with his designs. The prosecutor noted that during a 12-hour police interview 害羞草研究所渃hock-a-block害羞草研究所� full of delusions, Hosack spoke of nuclear cutting wire, more efficient ways to wage war, light-speed engines and other stuff he害羞草研究所檇 designed. During his interview with police, Hosack said Falardeau had belittled him about his designs, laughed at him, and threw his plans and binders out. Falardeau fell into darkness, he said, 害羞草研究所渂ecause he was looking at something that wasn害羞草研究所檛 his to behold.害羞草研究所�
Toward the end of his interview with police, the court heard, Hosack spoke of 害羞草研究所淭he Entity.害羞草研究所� A voice claiming to be that of his dead grandpa said Falardeau died 害羞草研究所渇aster than he ever thought possible害羞草研究所� and that his grandson saw him 害羞草研究所渟nap his head like a twig.害羞草研究所�
The voice told police he 害羞草研究所渁ppropriated害羞草研究所� Falardeau害羞草研究所檚 soul and then 害羞草研究所渟cattered害羞草研究所� it. 害羞草研究所淵ou would call it murder,害羞草研究所� the voice said.
tom.zytaruk@surreynowleader.com
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