2016-03-24 Accused killer Travis Vader's lawyer appears to suggest new theory in couple's murder | Edmonton Journal
Published by Bretton McCann,
Accused killer Travis Vader's lawyer appears to suggest new theory in couple's murder
The lawyer for accused killer Travis Vader appeared to unveil his alternative suspect theory Thursday while questioning a witness about alleged crimes committed by a man who is dead.
In his opening address at the start of Vader’s first-degree murder trial for the deaths of Lyle and Marie McCann — an elderly St. Albert couple who disappeared in July 2010 — defence lawyer Brian Beresh accused police of "failing to pursue other suspects" and said their names would be "revealed" during the trial.
And on Thursday, Beresh seemed to launch into that defence strategy when he repeatedly asked witness William Nikolyuk about his involvement with Terry McColman, a man who was interviewed by the RCMP regarding his friendship with Vader as part of the investigation into the disappearance of the McCanns.
McColman died in May 2011 from what is believed to be either a heart attack or a drug overdose.
Nikolyuk, a 37-year-old Wildwood man, confirmed that McColman had always lived in the Edson-Nojack area, he had known him his whole life and he knew the area west of Edmonton well.
The admitted crystal methamphetamine addict also agreed McColman was a heavy drug user who was involved in theft.
Nikolyuk testified McColman was good at breaking into vehicles and stealing them.
McColman liked to break into abandoned farm homes and ransack them for things to steal and he would often stash stolen goods, including vehicles, at various locations, court heard
"He would steal anything to survive," said Nikolyuk, adding that he had also witnessed McColman douse vehicles with diesel fuel and torching them.
He also agreed that McColman "wouldn’t bat an eye" at stealing vehicles, ransacking them, then setting them on fire.
Nikolyuk also testified that McColman used to buy cheap beer and he had seen him purchase Boxer beer many times.
Vader, 44, is accused of killing the McCanns.
They were last seen leaving a Superstore in St. Albert on July 3, 2010. Two days later, their motorhome was found ablaze and abandoned at a campground by Minnow Lake near Edson.
The 2006 Hyundai Tucson SUV they were towing was found in a remote wooded area east of Edson on July 16, 2010.
Court has heard police found blood spatter from the McCanns on items in the SUV, as well as Vader’s DNA, blood and fingerprints. Vader’s DNA and a fingerprint were also found on a can of Boxer beer left in the SUV’s cupholder between the front seats.
On Wednesday, Nikolyuk agreed he told police in an audiotaped interview that Vader had told him he had stolen the McCanns’ SUV, but did not kill them. However, he testified he was lying to police when he said that and had actually heard it from McColman.
Court also heard that Nikolyuk told the RCMP in the Aug. 9, 2010, interview that Vader said: ‘"I didn’t do nothing to those people. I just stole the wrong vehicle at the wrong time."’
However, he maintained on the witness stand he was lying.
In an unusual court procedure, the Crown was allowed to cross-examine Nikolyuk as a hostile witness after Justice Denny Thomas ruled there were inconsistencies between his police statement and his testimony, and said it was a "serious" case and the "ends of justice would best be obtained" by allowing it.
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