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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.  

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Comments

Where would we be without lawyers?
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.
"...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."

------------------------------------------

One *wielded* a machete and the other one *used* a knife, according to this story!

How did he *use* the knife? Using a knife means cutting something with it!

However, the story says that a *blow* was administered - it also says that a throat was slashed and that the wounds (plural) were examined.

Conclusion: there was a slashing and there were wounds (plural), perhaps a combination of cuts and blows by fists.

Which weapon had blood on it? Did both weapons have blood on them?

Did any of the attackers have blood on them?!!!

We need Perry Mason to come back and cut through all the obvious obfuscation!

Let's get real - does anyone smell a rat here?
This is disgusting. I rmember this case and they did have a witness... the guy was attacked with a machette with the intent to kill. Lock him up and throw away the key... insteed we will pay for his lawyer to use retorical skills to cost tax payers more money and bring justice into disrepute.

We need to open up law schools to the ethical and not the people with the most money, because most lawyers have no reality of the real world outside of their retorical arguments. Lawyers are unaccountable to anyone, and thats a huge problem with the system IMO.
nope, why are we paying to keep him in jail. something wrong. It is going to cost us tax payers 1.5 million dollars to keep this animal alive. and he is going to serve his time, and his world is going to reward him when he gets out.

Something wrong with our system. eye for an eye. I think we need a judicial system with teeth.

I think he lost his civil rights when he committed the crime. So he should be treated like a criminal. Attacking him with a machette, I think the intent was not to give him a warning, there is clear intention to commit murder. Stop wasting our money.

Poor little defense lawyer...the bad judgie said a no no against him and his bought and paid for pathologist.
Should do away with paid witness. They will undoutly provide evidence in favour of whoever is paying them.
Festus, git da rope.
We need Harry Callahan. "Go ahead, make my day"
If the appeal ends up with the same verdict than the defendant and his lawyer should pay ALL court costs perhaps.
Avoid court at all costs. You have no assurance that justice will be served. Especially if you are on the other side.
"We need Harry Callahan. "Go ahead, make my day"

And a few well trained snipers to take out the gangs, one gang member at a time. Could be a full time position.
I remember this story well as I knew the victim and his family. Murder ya think? Well I don't think Smith was out to punch anyone in the nose with that machette. The victim (Brent) had his girlfriend with him, and then his mother came in time to see him bleed out on the street, no one would let her near. This young man also had a son who will now never know his father. Smith destroyed more than one life that day including that of his own family and he should rot in prison for that, only because we no longer have the death penalty... how unfortunate.