The appellant appealed his conviction for first degree murder following a second trial.
He raised six grounds of appeal, challenging the jury instructions on post-offence conduct and constructive first degree murder, the admission of his statements to police, the admission of a recanting witness's prior statement, the admission of intercepted communications with his former spouse, and the lawfulness of the wiretap authorizations.
The Court of Appeal dismissed all grounds.
The court found that while the trial judge erred in finding no independent evidence of fabrication regarding the appellant's alibi, the failure to give an O'Connor instruction did not prejudice him.
The court also held that spousal privilege under s. 4(3) of the Canada Evidence Act does not survive divorce.
The appeal was dismissed.
