A man seeking to have his conviction overturned in the 2007 Surrey Six slayings learned Thursday in B.C. Supreme Court in New Westminster that his application for his legal counsel to cross-examine nine defence witnesses has been dismissed.
Justice Martha Devlin dismissed Cody Rae Haevischer's application on Feb. 20, finding it to be "premature."
"I have dismissed Mr. Haevischer鈥檚 application because I find it premature, speculative, and lacking in a sufficient evidentiary foundation," she concluded. "A fair adjudication of the hearing requires Mr. Haevischer to (presumptively) conduct a direct examination of the witnesses that he calls.
"I simply decline to pre-emptively exercise my discretion to permit counsel for Mr. Haevischer to cross-examine their witnesses, without some basis to do so rooted in the witnesses鈥� testimony," Devlin declared. "Accordingly, Mr. Haevischer鈥檚 application is dismissed."
Six people were shot dead in suite 1505 of the Balmoral Tower in Whalley on Oct. 19, 2007. The Crown's theory was that the killings were payback for an unpaid debt between rival gangs. Christopher Mohan and Abbotsford gasfitter Ed Shellenberg, 55, were innocent victims who accidentally stumbled upon a drug hit in progress.
Edward Sousakhone Narong, 22, Ryan Bartolomeo, 19, and brothers Michael Justin Lal, 26, and Corey Jason Michael Lal, 21, were also slain.
Haevischer is seeking a judicial stay of proceedings based on abuse of process. The evidentiary hearing for that commenced on Nov. 4, 2024 and remains underway.
He applied on Jan. 10 for the court to grant leave for his lawyers to cross-examine the nine witnesses he intends to call in the evidentiary hearing and also sought an order restricting the Crown to their direct examination.
Devlin noted that in the stay application Haevischer alleges police, Crown and Corrections officials "engaged in various forms of misconduct during the investigation and prosecution of the Surrey Six murders" and that these allegations primarily relate to "a broad strategy adopted by investigators aimed at shifting the loyalties of Mr. Haevischer鈥檚 criminal associates, including the girlfriends of these associates, to the police."
Haevischer alleges misconduct against the witnesses he sought leave to cross-examine, the majority of which are former or retired police officers who were involved in investigating the Surrey Six murders: Sergeant Derek Brassington; Superintendent John Robin; Retired Inspector Don Adam; Staff Sergeant Paul Dadwal; Staff Sergeant Ross Joaquin; Corporal Raj Bhangu; and Constable Jaunita Novak.
Non-police witnesses Haevischer sought leave to cross-examine are Surrey Pre-Trial Service deputy warden Steve Phillips and "Person Y," a former criminal associate of Haevischer's who cooperated with police in the case.
Devlin's were posted on Friday, Feb. 21.
The British Columbia Court of Appeal in January 2021.
