2015-12-28 Eventful Year In Edmonton Courts | Edmonton Sun

Eventful Year In Edmonton Courts



By , Edmonton Sun

First posted: Monday, December 28, 2015 11:11 AM MST

Former Guantanamo Bay detainee Omar Khadr being let out of prison, the continuing saga of accused doublekiller Travis Vader and the end of the tragic case of a man who drove into a restaurant patio and killed a toddler.

Those were among the top five stories coming out of the Edmonton courthouse in 2015, along with an Ontario trucker found not guilty of murdering a sex trade worker during rough sex, and a teen thug sentenced to life in prison for killing a sleeping city man in front of his two-year-old daughter during a random break-in.

A smiling Omar Khadr, 29, was released on bail by Alberta's highest court on May 7 pending the appeal of his convictions in the United States.

"Mr. Khadr, you are free to go," said Court of Appeal of Alberta Justice Myra Bielby, leading to many in the packed courtroom cheering and applauding.

Later that day - in his first interview since being freed - Khadr said he just wants Canadians to get to know him so they can make an informed decision about who he really is and a chance to prove he is a "good person."

Khadr, originally from Toronto, was serving an eightyear prison sentence as a result of a 2012 international transfer agreement with the United States, but he sought release pending the determination of an appeal of his U.S. convictions by a military commission.

He spent nearly 13 years behind bars as a result of the role he played in the 2002 killing of a U.S. special forces medic during a firefight in Afghanistan when he was 15.

He spent a decade at Guantanamo Bay before pleading guilty in 2010 to murder and four terrorism charges.

Travis Vader, 43, was in and out of custody in 2015 for allegedly breaching the conditions of his bailon first-degree murder charges in the killings of Lyle McCann, 78, and his 77-year-old wife Marie. The seniors were last seen on July 3, 2010, fuelling up their motorhome in St. Albert while on their way to Chilliwack, B.C., for a vacation.

Two days later, their RV was found engulfed in flames near a campground close to Edson. The SUV they were towing was discovered six days later in a remote wooded area about 30 km east of Edson. Their bodies have yet to be recovered, although RCMP have declared them dead.

Vader was first charged with the killings in April 2012, but the charges were controversially stayed on March 19, 2014. The charges were then re-laid on Dec. 19, 2014.

A four-week trial is scheduled to start on March 7, 2016, however Vader's lawyers are seeking a judicial stay in an abuse of process hearing that began on Nov. 30.

The hearing has heard a "staggering" amount of evidence in the case was not disclosed to the defence, which the Crown says is the fault of the RCMP. The Crown argues it is in the public interest, based on the seriousness of the circumstantial case, for the trial to go ahead.

Court documents ordered released to the media during the hearing show police believe that forensic evidence, cellphone records, an undercover sting and a bullet hole in a hat link Vader to the McCanns' disappearance.

In a 2013 memorandum, the Crown writes that "forensic evidence ties" Vader to the McCanns' SUV.

It also says Marie McCann's blood was found inside the vehicle as well as Lyle McCann's hat with a bullet hole in it. The Crown also alleges Vader used the couple's cellphone on the afternoon of July 3, 2010.

On Dec. 17, an Edmonton man who tragically killed a two-year-old boy when he drove into a south-side restaurant patio was sentenced to four months in jail, leading to shock and outrage by the family of victim Geo Mounsef.

As Richard Suter, 65, was led away into custody, supporters of the family yelled "unbelievable," "put him in cuffs" and "Merry Christmas" while Geo's mother, Sage Morin, was sobbing uncontrollably with her head in her hands.

Outside court, the victim's father, George Mounsef, angrily blasted the decision, saying "four months is a joke" and calling it "beyond insulting" to Geo and the family. Provincial Court Judge Larry Anderson ruled it was "too grave" an offence to not warrant a custodial sentence.

However, Anderson said he "significantly" reduced what would otherwise have

been a fit sentence due to it being an "accident caused by a non-impaired driving error" and Suter receiving bad legal advice to not provide a sample.

The judge said he also took into account Suter's guilty plea, his remorse, his previously

clean record, his lifetime of being a productive member of society, his strong community support, the "extreme vitriol, public scorn and threats" generated in the case, and the "violent vigilante actions" ini tiated against both Suter and his wife.

Suter, who earlier pleaded guilty to refusing to provide a breath sample where death ensued, was also banned from driving for 30 months following his release.

According to agreed facts, on May 19, 2013, Suter's Acura SUV went over a curb, through a glass barrier and into the table where Geo was sitting with his parents and baby brother at Ric's Grill, pinning Geo against the outer wall.

Suter told court he was not impaired, but became distracted while arguing with his wife as he was parking, and "hit the gas pedal instead of the brake."

Suter also testified about being pulled from his SUV, tossed to the ground, slapped in the face and kicked.

As well, he spoke of being kidnapped from his home on Jan. 22 and having his thumb chopped off with shears. A man is facing charges for that incident.

On March 18, an Edmonton jury found Ontario trucker Brad Barton, 47, not guilty of murdering a sex trade worker at a west-end hotel in a case where the woman's bloodied body was found in the bathtub in his room.

The controversial trial drew national headlines as a result of expert evidence being demonstrated using the victim's preserved pelvic area, which had been removed at autopsy.

It is believed to be the first time ever in a Canadian courtroom that actual preserved body tissue from an alleged homicide victim was used as an exhibit.

Following the acquittal - which is being appealed by the Crown - hundreds of protesters took to the streets demanding justice in Edmonton and cities across Canada. Barton was charged with first-degree murder after the body of Cindy Gladue, 36, was found in the bathtub of his room at the Yellowhead Inn on June 23, 2011.

During the monthlong trial, the Crown argued Barton had either fatally stabbed Gladue in the vagina with a sharp-edged instrument or sexually assaulted her without consent. The defence called it an accidental death that was the result of a consensual sexual episode of fisting.

Barton testified he never meant to hurt Gladue and denied putting a sharp-edged instrument inside of her.

Crown expert witnesses testifi ed the fatal 11 cm-long cut was a penetrating injury likely caused by a sharp instrument and said a fist or fingers, even with sharp nails, would not likely cause such an injury.

However, a defence expert testified she believes it was a blunt force injury and agreed the wound could have been caused by someone inserting their hand into the victim's vagina.

On Dec. 9, a teen thug who killed a sleeping Edmonton man in front of the victim's two-year-old daughter during a random break-in was handed a life sentence.

Chase Paul, now 22, will be eligible to apply for parole after serving seven years from the date of his arrest because he was two days shy of his 18th birthday at the time of the April 14, 2011, slaying of John Kwiatkowski, 29.

Paul earlier pleaded guilty to second-degree murder.

According to agreed facts, the slaying happened at Kwiatkowski's north-side home after he and his daughter had gone to bed while his wife worked a night shift.

Court heard Paul was driving around in a stolen Jeep looking for things to steal while on the run from Regina and he went in the home after finding the door unlocked.

After arming himself with a metal pipe he found outside the home, Paul went into Kwiatkowski's bedroom and hit the sleeping man approximately 20 times in the head, face and neck with a metal pipe, caving in his skull.

During the assault, the daughter walked in and Paul inadvertently hit her with the

pipe, causing minor injuries to her face and hand. He then took her back to her room and helped her get back to sleep before stealing var ious items, including her piggy bank. At an earlier hearing, one of Kwiatkowski's aunts spoke about the impact on the victim's daughter and said the words the little girl later uttered continue to "haunt " her. "Daddy fought. Daddy cried. Daddy went to sleep.