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ARTICLE · 12 NOVEMBER 2024

New Trial Ordered By BCCA After Finding Of Police Trickery Overturned

Alexander Holburn Beaudin + Lang LLP
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Two innocent civilians were killed in their residence on May 29, 2010. The Crown's theory was that Mr. Correia and a co-accused were members of a rival gang who had attended the residence to kill Doug Mahon...

CanadaLitigation, Mediation & Arbitration

Background

Two innocent civilians were killed in their residence on May 29, 2010. The Crown's theory was that Mr. Correia and a co-accused were members of a rival gang who had attended the residence to kill Doug Mahon, who had moved away months prior. Mr. Correia had already been convicted of conspiracy to murder in relation to a separate Doug Mahon murder plot and was arrested for the double murder while he was on parole, in June 2018.

The main issue at trial was identification. Both accused argued that the evidence failed to establish that they were present when the shootings occurred or that they were persons who shot the victims.

One witness, referred to as Witness Z, testified that he saw both accused close to the murder scene at the relevant time, returning from the scene two hours later with blood on their clothing and carrying pistols; however, the Court did not believe Witness Z beyond a reasonable doubt as a result of lying to the police for years

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