Court Of Appeal Orders New Trial In Prince George Murder Conviction
By 250 News
Thursday, January 28, 2010 03:59 AM
Prince George- The BC Court of Appeal has ordered a new trial for Ricky Smith who was convicted of second degree murder and ordered to serve 13 years of the mandatory life sentence on June 29th, 2006.
Smith was charged following the October 2004 death of 20 year old Brent Melanson who died when his throat was slashed in an altercation in the 1900 block 3rd Ave. The fight had spilled over from a nearby house. There was no direct evidence as to how the assault occurred, and the evidence of two pathologists was key to questions of whether more than one weapon had been used and whether the fatal blow came from the machete (weilded by Smith) or the knife used by his co-accused.
The Appeal from conviction for second degree murder has been allowed and a new trial ordered on the basis that the trial Judge, Mr. Justice Ian Meiklem’s instructions to the jury about the evidence of a defence witness resulted in an unfair trial.
The Court of Appeal said in their findings, that the trial Judge, during his charge to the jury summarized evidence of the pathologist called by the defence "inaccurately and incompletely".
The Court of Appeal said that alone would not have been enough to overturn the verdict, but the trial judge went on to unfairly emphasize and comment on the respective opportunities of the two pathologists to personally view the wounds. The cumulative effect of his comments unfairly denigrated the evidence of the pathologist called by the defence, and resulted in an unfair trial.
Previous Story - Next Story
Return to Home
This dude is apparently guilty of murder, in at least the second degree, from what we hear in the media. What is wrong about serving 13 years in exchange for taking a young mans' life? Sounds cheap to me.
metalman.