appeal
Still confused about consent? Judge’s ruling on Coldstream sex assault might help
VERNON - A man has lost his appeal over a sexual assault that happened after a birthday party in Coldstream. According to a Jan. 6, 2016 judgment by Justice Martha Devlin, a group of people spent the evening drinking and going to a nightclub in Vernon in September 2011 to celebrate a friend’s birthday. Later,...
Dangerous driver who killed two passengers arguing charter violation negates conviction
KAMLOOPS - A man convicted of dangerous driving killing his two passengers could have his guilty verdict overturned if lawyers successfully prove key evidence in the case against him was in violation of his charter right against unreasonable search and seizure. Defence lawyers Micah Rankin and Anthony Varesi appeared in the B.C. Court of Appeal...
Appeal denied for man convicted in child porn ring
KAMLOOPS — The B.C. Court of Appeal dismissed a man’s request to overturn his conviction on several child porn charges because of his right to privacy. David Caza was convicted in 2012 after police discovered he was participating in an international exchange of child pornography images online. To avoid detection by police, Caza renewed his...
Hell’s Angel gives up on appeal
KELOWNA - Daniel McRae, one of the three Hells Angels associates convicted of beating to death a Kelowna father in front of his sons in 2011, is not going to appeal his sentence. According to the Vancouver Sun, the victim's son, Kody Phillips, told Justice Mark McEwan that the attack on his father lasted only seconds,...
Dangerous driver who killed two passengers appeals conviction
KAMLOOPS - A man convicted of dangerous driving causing the death of his two passengers in 2010 is appealing his conviction on the grounds evidence against him was seized by police without a warrant. In October 2014, a Kamloops Supreme Justice convicted Wayne Fedan, born 1961, of dangerous driving causing the deaths of Brittany Plotnikoff, 20,...
No appeal for man convicted of assaulting woman, biting her labia
PENTICTON - Brian Douglas Louie will remain behind bars for the completion of a 2.8 year sentence after losing his appeal on Jan. 20. Louie was convicted of aggravated assault and assault causing bodily harm for a violent attack on a woman in 2012, during which he bit off a piece of her labia during...
Matthew Foerster to appeal first degree murder conviction
ARMSTRONG - The man convicted of brutally killing an Armstrong teen is appealing his first degree murder verdict. A jury found Matthew Foerster, 28, guilty of murdering Taylor Van Diest, 18, in April of this year. The verdict carries an automatic life sentence, with no eligibility for parole for 25 years. But a notice of...
House party killer appeal shot down
KELOWNA - A 29-year-old Kelowna man convicted of shooting and killing a high school student at a house party in 2007 will not be granted appeal, according to a hearing summary released Thursday. Trevor Shannon, who was 22 at the time, was sentenced to life in prison in 2012. He maintains he was trying to...
Perks of Being a Wallflower book to stay in schools
CONCERNED PARENT SAYS HE WILL NOT FILE AN APPEAL KAMLOOPS – Administration at School District 73 have decided a controversial book will remain in schools, much to the chagrin of a concerned father. Dean Audet received a letter from the district last month. He says the letter stated the decision and outlined reasons to keep...