2014-03-19 Years after finding burnt husk of their RV, authorities stay charges against man accused of murdering Alberta couple | National Post
Published by Bretton McCann,
Years after finding burnt husk of their RV, authorities stay charges against man accused of murdering Alberta couple
Ryan Cormier And Alexandra Zabjek, Postmedia News | March 19, 2014 2:33 PM ET
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The case against Travis Vader for the killings of missing St. Albert couple Lyle and Marie McCann crumbled Wednesday as Crown prosecutors stayed the murder charges because of new evidence brought forward by the RCMP.A stay of proceedings means the Crown has a year to bring the charges back to court, if they choose. However, this rarely happens.
"I’m not going to comment on exactly what evidence came and when it came to the prosecution service, but it was evidence we reasonably recently received from the RCMP and that’s what gave rise to the action that was taken today in court," said Greg Lepp, assistant deputy minister of the Alberta Crown Prosecution Service.
Lepp would not comment on whether Vader is still a suspect in the case or if the new evidence pertains to another suspect.
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Lyle McCann, 78, and his wife, Marie, 77, were last seen on the morning of July 3, 2010, buying gas at a Superstore station in St. Albert. Two days later, their motorhome was found engulfed in flames near a Minnow Lake campground southeast of Edson, but the bodies of the couple have never been found.
They were headed to B.C. to meet their daughter.
The McCann family released a statement through RCMP Wednesday evening.
"This isn’t over. Lyle and Marie McCann are still missing," it read in part. "Though we see this as a delay in our search for justice, our family remains confident that the ongoing investigation will lead to the conclusion of this matter."
The family asked anyone with information that will help them find their parents to contact Crime Stoppers.
The McCann’s son Bret McCann has previously said it was "frustrating" to not know what happened and that the family was eager for answers.
Vader’s trial was scheduled to begin April 28.
"The family, they’ve been incredibly patient during the course of the investigation and … the prosecution," Lepp said. "I can’t imagine the effect this is going to be having on them. But the assurance I can give them is that the prosecution service remains committed to solving this case and bringing it to justice and I know the RCMP do as well."
Police quickly named Vader, 42, a person of interest in the case after the McCanns disappeared, though it took months before he was officially named a suspect in the disappearances. He was charged with two counts of first-degree murder in the spring of 2012.
Defence lawyer Brian Beresh was asked by Court of Queen’s Bench Justice Denny Thomas whether he was surprised by the development in the case.
"That would be the understatement of the morning," Beresh told court. "My client was looking forward to proving his innocence at trial."
Outside court, Beresh said he was informed of the stayed charges only minutes before court began. Beresh said he considers Vader’s case closed, saying it would be "an abuse of process" if the Crown attempted to bring the charges back and used the stayed charges as a forced adjournment.
"My professional assessment is there was not now or never was a realistic or serious chance of any conviction," Beresh said. He called the evidence against Vader "shoddily gathered and it was a bunch of strings that was never tied together."
Beresh also criticized prosecutors for filing a direct indictment against Vader in July 2013, shortly before the preliminary hearing was to begin. That indictment cancelled the hearing that would’ve determined if there was enough evidence to proceed to trial.
Beresh said police had already done their best to convict Vader through public opinion by naming him a person of interest far before he was charged. "He will always be tarred with that brush."
He said the case showed a "lack of leadership" in the RCMP.
Vader, who Beresh said was "shocked and elated," appeared to be listening intently in court, but showed little reaction to the developments. The case was in court Wednesday for a procedural publication issue.
Vader will remain in custody. He is being held on other charges unrelated to the McCann case. About a month before the McCanns disappeared, Vader was living on an acreage in MacKay, just up the road from his parents’ home and down the highway from where the burnt-out frame of the motorhome belonging to the McCanns was found. MacKay is a hamlet 150 kilometres west of Edmonton.
Vader, a one-time, oil-rig worker, was wanted on at least 17 gun, drug, and theft charges. When he first appeared in an Edmonton court in July 2010, his sister — who said she couldn’t believe her brother would harm anyone — said he was thin and tired, the result of prolonged drug use.
Reached by phone, Vader’s mother said the staying of the charges was a "surprise" and that she was "thrilled. That’s all I can say to the press."
This is not the first time a prosecution against Vader has gone sideways. In October 2012, a mistrial was declared after Vader was convicted of eight drug and firearm-related offences. At the time, court heard that full disclosure was not given to his defence by prosecutors.
In February, Vader filed a $150,000 lawsuit against the RCMP and claimed they set him up on a false charge of obstructing justice. That charge was also stayed shortly before Vader was scheduled to go on trial.
Vader alleges RCMP officers never meant for him to stand trial on the obstruction charge and only meant to damage his credibility and block his bail application. Police also hoped to increase Vader’s "mental stress" and buy themselves time to gather evidence against him, the lawsuit stated.
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