The applicant, having been convicted of first degree murder at his second trial, applied under s. 684 of the Criminal Code for the appointment of counsel for his appeal.
He argued that his appeal had merit based on an unreasonable verdict, citing his acquittal at his first trial, the subsequent discrediting of a gang expert, and alleged errors regarding prior testimony and Vetrovec cautions.
The Court of Appeal dismissed the application, finding that the proposed grounds of appeal were not arguable on the materials filed, as the first verdict was irrelevant and the expert's subsequent treatment did not render the current verdict unreasonable.
