2014-03-19 Charges stayed in McCann double murder case | CTV Edmonton News
Published by Bretton McCann,
Charges stayed in McCann double murder case
Stewart Shaw, CTV Edmonton
Published Wednesday, March 19, 2014 10:02AM MDT
Last Updated Wednesday, March 19, 2014 12:41PM MDT
First-degree murder charges against Travis Vader, the man accused of murdering an elderly St. Albert couple, have been stayed by the crown.
Vader, 41, had been charged with two counts of first-degree murder relating to the deaths of Lyle and Marie McCann, who went missing in 2010.
During a publication ban hearing Wednesday, crown prosecutor Michelle Doyle stood up and announced the two charges of first-degree murder were being stayed.
Photos
Travis Vader, 41, was accused of first-degree murder in the deaths of Lyle and Marie McCann.
The bodies of Lyle and Marie McCann have never been found.
When asked whether the defence was surprised by the news, Vader's lawyer Brian Beresh said that was an understatement.
Vader's trial was scheduled to begin on April 28 and was expected to last six weeks.
Outside the courtroom, the crown wouldn't comment on the decision.
Michelle Davio, from Alberta Justice and Solicitor General Communications, later issued a statement.
"The Crown has a duty to continuously reassess its case and ensure that, based upon the known evidence as a whole, there is always a reasonable likelihood of conviction. The Crown may not continue a prosecution unless it has had the opportunity to conduct this review, particularly if additional information is provided to it by the police investigators. In this instance, we cannot say more until the prosecution is finally concluded."
After the hearing, Vader's lawyer told CTV News that he believes RCMP rushed their case against his client.
"I have worked on this man's case now for a number of months and my professional assessment is that there was, not now, nor was there ever, a realistic or serious chance of any conviction. From my analysis, it appears that police rushed to a judgement very quickly without any solid basis, and they never solidified that position."
Beresh went on to say that while Vader was looking forward to proving his innocence, he will always be seen as guilty in the public eye thanks to the public indictment by RCMP.
The McCann's were last seen on July 3, 2010 on the first day of a roadtrip to British Columbia. Their burned motorhome was found near Edson two days later. Their bodies have never been found.
Beresh accuses the RCMP of doing a poor job gathering evidence in the case.
"It was shoddily gathered and it was a bunch of strings that were never tied together."
The crown can reinstate the charges within a year, if new evidence is brought forward.
Travis Vader will remain in custody on unrelated charges.
Showing 1 - 8 of 8
Sheila
Mar. 24, 2014
12:10 PM
How can you charge someone with murder when there are no bodies to prove they were even murdered???
jackfromreddeer
Mar. 20, 2014
9:22 PM
In China..... the police would be able to have an answer to this crime very quickly. Either Vader would be completely innocent of murder or completely guilty.... and if guilty, the Chinese would have the locations of the bodies as well. Any chance we can start exporting our criminals to China? It would be cheaper and would lead to many criminals not even wanting to jaywalk in the future for fear of being sent back... A little harsh.... but then again... Canada could use a little kick in the pants...
Curtis
Mar. 20, 2014
10:58 AM
Up until 9 months ago I lived right next door to the McCann house. I knew the McCann's my whole life and my entire family was devastated 4 years ago when they went missing. This news sickens me and I want nothing more than the McCann family to have closure.
Rod
Mar. 20, 2014
12:00 AM
Defence will always say the police did a poor job. That is the principle bases of defending someone in court, to discredit the police so the jury doesn't believe their evidence. Remember the police only need reasonable grounds to charge someone, but the Crown needs to prove the case beyond a reasonable doubt. By staying the charges it gives a second chance to recharge him if further evidence arises. But we can't expect police to make up evidence that simple isn't there. Most times you don't find that need in a hay stack which ties all the evidence together. The homicide is now about 4 years old, what evidence that is left would likely only be witnesses or a confession. Without those it would take luck for maybe a bystander to stumble across the victims. I firmly believe the police have done an outstanding job, considering this hasn't been the only murder in our province in the past 4 years. I bet you they have spent millions of dollars solely for this one investigation. There is no evidence of over zealous police or sub par as previously suggested other than a defence lawyer doing what he is paid for and that is to defend his client and the easiest way to do that is to discredit the police.
Joel
Mar. 19, 2014
10:35 PM
This is not Canada's justice system stinking; only a fool for a Crown Attorney would go to trial without enough evidence to convict. This is about over zealous police laying charges when they lacked enough to present a case to a judge or jury. What is sad is that the general public does not understand this. Would you rather waste millions of dollars on a losing battle only to the defendant walk. You cannot convict on a hunch or because you think he is guilty, you have to prove it and that is the way it should be. Such is real justice, no matter how much you hate the accused.
Derrick
Mar. 19, 2014
4:09 PM
"Beresh went on to say that . . . he will always be seen as guilty in the public eye thanks to the public indictment by RCMP." Dan at 12:25 says: "Mr. Vader will eventually be held accountable." Now Dan, why would you say that? What evidence do you have? There is plenty of evidence of Canadian police being sub par in their duties so I'll have to agree with our notion of our justice system that the man is INNOCENT until proven guilty.
Carla
Mar. 19, 2014
2:33 PM
Not surprised at all !!!!!!! Canada's system continues to STINK!!!!!!!!! Will this poor McCann family ever get closure??!!!!!
Dan
Mar. 19, 2014
12:25 PM
Mr. Vader will eventually be held accountable.
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