Murder convictions and sentences upheld in Surrey Six killings

Cody Rae Haevischer, one of the men convicted in the 2007 Surrey Six killings, will remain in prison after a Vancouver judge dismissed his application for a judicial stay of proceedings. Justice Martha Devlin released her reasons on Aug. 27.

Six people were shot dead in Suite 1505 of Balmoral Tower in Whalley on Oct. 19, 2007. The Crown’s theory was that the killings were retaliation over an unpaid debt between rival gangs. Christopher Mohan and 55-year-old Abbotsford gasfitter Ed Shellenberg were innocent victims who stumbled upon a drug hit, while Edward Sousakhone Narong, 22, Ryan Bartolomeo, 19, Michael Justin Lal, 26, and Corey Jason Michael Lal, 21, were also killed.

Devlin said Haevischer participated in gang violence that plagued the Lower Mainland nearly two decades ago. Since his arrest, she noted, he had undergone a lengthy trial, a prolonged appeal process and an evidentiary hearing lasting nearly two years, and had every opportunity to seek a stay.

Haevischer alleged that police, correctional authorities and the Crown abused the process while investigating and prosecuting the killings. He argued that the alleged conduct, taken together, warranted a stay, or alternatively an unprecedented reduction from life imprisonment to a fixed 25-year sentence.

Devlin found the allegations lacked merit. Some did not withstand evidentiary scrutiny, some challenged unobjectionable state decisions, and others, though troubling or problematic, did not amount to or contribute to an abuse of process, she ruled. Any abuse-of-process findings did not meet the required “clearest of cases” threshold for a stay.

Matthew Johnston, who was also convicted of six counts of first-degree murder and conspiracy to commit murder, joined Haevischer’s application but has since died. Devlin affirmed the six concurrent life sentences imposed on Haevischer on Dec. 12, 2014, with no parole eligibility for 25 years.