Surrey Six charge dropped

One of the infamous Bacon brothers has had murder charges against him dropped in the Surrey Six slayings – but the Supreme Court isn't saying why.

James Bacon was charged with first-degree murder and conspiracy to commit the murder of Corey Lal, one of six killed during the 2007 gang war in B.C.'s Lower Mainland.

On Friday, Justice Kathleen Ker granted a stay of proceedings that had been brought forth by Bacon.

In her abbreviated ruling, Ker said the evidence in the application and the reasons for her decision must remain sealed.

“Over the past three years, the court has heard a number of pre-trial applications involving complex legal and factual issues, including that Mr. Bacon's counsel had come into possession of privileged information that they cannot use in his defence, which impacts upon Mr. Bacon's fair trial rights,” Ker said. “In part, this arose from the manner in which the police handled aspects of privileged and confidential information.

“I am bound by the law as I have described it, and accordingly am not at liberty to provide any further information about my rulings or the evidence and materials underlying them.”

In 2014, Cody Haevischer and Matthew Johnston were convicted of six counts of first-degree murder in the Surrey Six killings. They are both serving life sentences with no chance of parole for 25 years.  

In a statement released by the BC Prosecution Service, the Crown said it is “carefully reviewing the court’s decision” to determine if it will appeal.

Bacon remains in custody on a separate charge of counselling the murder of an individual. That trial is expected to begin in April 2018.

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