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Final Chapter in Virk Case Written

By 250 News

Friday, June 12, 2009 08:39 AM

The second degree murder conviction  has been restored against Kelly Ellard in the 1997 beating death of Reena Virk.

The Supreme Court of Canada ruled 8-1 that the trial judge did not  err in the instructions to the jury, throwing out the B.C. Court of Appeal's decision that had overturned the conviction on the grounds that the trial judge did not properly instruct the jury.

The Supreme Court disagreed, saying "the absence of a limiting instruction in this case did not amount to a legal error."

Had the Supreme Court upheld the  Appeal Court's decision, Ellard would have faced a fourth trial.

The complete reasons for the Supreme Court's decision can be read here.


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Comments

Stay tuned for the next appeal!
Yaaay!!! Someone asked me hypothetically a few weeks ago how this case might have played out had the victim and perpetrator been switched.
Yaaay!!! Someone asked me hypothetically a few weeks ago how this case might have played out had the victim and perpetrator been switched.
Sorry for the double-posting, not sure what happened there . . .
Uh, 3centsworth, the supreme crt of canada is the highest court in the land. D'oh.
D'oh! And here I thought that if she found another/different avenue to appeal, she could.
just to prove how stupid and dumb kelly ellard is her charge was in 1997 and has served 12 years trying to appeal her case but if she would of plead guilty and followed all the jail programs she would of been released years ago LOL what a idiot..oh ya she got beat up in jail lots dont worry
Slam ! Goes the cell door.