Top court to rule on new hearing in Hells Angels-ordered killing in Nova Scotia
|CTVnews 11 Oct 2018 at 05:22|
OTTAWA -- The Supreme Court of Canada is expected to rule this morning on whether it will hear an appeal in the case of a Nova Scotia man accused of committing a Hells Angels-ordered killing 18 years ago.
Dean Kelsie was convicted of first-degree murder and conspiracy to commit murder by a judge and jury in 2003 and sentenced to life in prison with no chance of parole for at least 25 years.
But the Appeal Court of Nova Scotia ordered a new trial after ruling last year that the trial judge erred in his instructions to the jury, particularly when it came to what the jurors could make of the hearsay evidence of co-conspirators.
The ruling also says the judge should have mentioned manslaughter to the jury as an alternative verdict, even though Kelsie s lawyer didn t object that it wasn t.
Sean Simmons was shot in the head in the lobby of a Halifax-area apartment building in October 2000, because he d had an affair with a girlfriend of a member of the motorcycle gang.
Kelsie was one of four men convicted of the crime; testimony at the trials indicated that it was Kelsie who pulled the trigger, which he denied.