2016-03-08 As Edmonton murder trial begins, Travis Vader's lawyer says new suspects will be named | Edmonton Journal


As Edmonton murder trial begins, Travis Vader's lawyer says new suspects will be named

Travis Vader, centre, arrives at court with lawyer Brian Beresh, left, in Edmonton on Tuesday, March 8, 2016. Vader is charged with first-degree murder in the 2010 deaths of Lyle and Marie McCann.

Travis Vader, centre, arrives at court with lawyer Brian Beresh, left, in Edmonton on Tuesday, March 8, 2016. Vader is charged with first-degree murder in the 2010 deaths of Lyle and Marie McCann. AMBER BRACKEN / THE CANADIAN PRESS

The first degree-murder trial of Travis Vader for the killings of an elderly St. Albert couple who vanished in 2010 began Tuesday with legal bombshells from both sides.

In dramatic opening statements, both the Crown and defence fired their first volleys in what is expected to be a protracted courtroom battle over the next five weeks.

Crown prosecutor Jim Stewart told court the evidence will establish that both Vader’s blood and DNA and the blood of victims Lyle and Marie McCann were found in the McCanns’ SUV, found "stashed" in the woods.

Stewart then said that cellphone records, seized evidence and witness testimony will link Vader to the crime and said his denials to police about having any involvement just point the finger more directly at him.

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"Those provable lies are post-offence conduct indicative of Vader’s guilt," said Stewart.

The prosecutor conceded the Crown does not know exactly what happened to the McCanns after surveillance cameras show them leaving a Superstore in St. Albert on July 3, 2010.

"We do know that they both met with significant violence and that they are now dead," said Stewart, adding the Crown also knows Vader was driving their SUV and using their cellphone shortly afterwards.

"The only reasonable inference arising from the facts that we expect to prove is that Mr. Vader murdered Lyle and Marie McCann," said Stewart.

Defence lawyer Brian Beresh accused the RCMP of suffering from "tunnel vision" in their pursuit of Vader, 44, and said it resulted in them failing to pursue other suspects, whose names he said will be revealed at trial.

Beresh told court his client has been through a "personal nightmare" and is looking forward to clearing his name.

He said the defence will call expert witnesses who will raise questions about the blood, DNA and fingerprint evidence that is allegedly linked to Vader.

He said they will also attack the cellphone evidence, as well as the testimony of some civilian witnesses whom he suggested are unreliable criminals.

Beresh told court there is no proof the McCanns are dead and no evidence of human remains has been found.

Court heard Lyle McCann, 78, and his wife Marie, 77, had left for a camping vacation in B.C. to visit with relatives.

On July 5, 2010, their motorhome was found ablaze and abandoned at a campground by Minnow Lake near Edson. Five days later, they were reported missing.

The RCMP connected the McCanns’ disappearance to the burned motorhome and began investigating.

The 2006 Hyundai Tucson SUV they were towing was found in a remote wooded area about 30 kilometres east of Edson on July 16, 2010.

Court heard police found in the SUV several cans of food that had blood from Marie McCann on them and a hat that Lyle McCann had been wearing with a bullethole in it and both his blood on it and Vader’s DNA.

As well, police found Vader’s DNA on a different hat belonging to Lyle, Vader’s DNA and a fingerprint on a can of Boxer beer left in the cupholder, his blood on the centre armrest and on the front passenger seat and his DNA on the steering wheel and a tissue found on the floor.

Vader was first charged with the killings in April 2012, but the charges were stayed in March 2014, just a few weeks before the case was to go before a jury, when the Crown realized the RCMP hadn’t disclosed all evidence in the case. The charges were re-laid on Dec. 19, 2014.

On Jan. 26, a judge rejected a defence application to have the charges against Vader judicially stayed following a lengthy abuse of process hearing.

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