In a document filed Friday at the Alberta Court of Appeal by defence lawyer Alain Hepner, Gervais said his conviction for first-degree murder ought to be overturned.
Convicted killer Nathan Gervais wants appeal court to overturn guilty verdictBack to video
“The verdict is unreasonable and cannot be supported by the evidence,” his notice of appeal states.
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It also said the decision by Court of Queen’s Bench Justice William Tilleman “erred in law in interpreting and applying the test for circumstantial evidence (and) … the test for constructive first-degree murder.”
Tilleman rejected the Crown’s theory Gervais planned and deliberated the killing of Lukas Strasser-Hird when he armed himself with a knife after an initial altercation outside a city nightclub.
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But Tilleman said when Gervais and a group of other males cornered Strasser-Hird in an alley behind the bar just minutes later, he committed an unlawful confinement.
Murder committed during the commission of that offence is automatically elevated to first-degree, in what is referred to in law as constructive murder.
Gervais’ appeal seeks an outright acquittal from the Alberta Court of Appeal.
If the appeal judges aren’t convinced they can substitute an acquittal for the conviction, then Gervais should either get a new trial, or the charge should be reduced to second-degree murder.
Gervais, 24, only stood trial this year in the death of Strasser-Hird, 18, after he fled the country shortly before he was to stand trial with four other men in connection with the Nov. 23, 2013, death.
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His flight from justice ended when he was arrested in Vietnam, which does not have an extradition agreement with Canada. He was deemed to be in that country illegally and returned to Calgary.
Tilleman found Gervais stabbed Strasser-Hird three times while others punched and kicked the victim as he pleaded for his life.
He sentenced him to an automatic life sentence without parole for a minimum 25 years.
Two of his accomplices, Assmar Shlah and Franz Cabrera, were convicted of second-degree murder in connection with the killing in an alley behind the now-closed Vinyl nightclub on 10 Ave. S.W.
Their convictions were upheld by the Court of Appeal just days after Gervais’ conviction. Further appeals to the Supreme Court are expected.
A fourth man, Joch Pouk, was convicted of manslaughter in Strasser-Hird’s killing, while a fifth accused, Jordan Liao, was acquitted by a Court of Queen’s Bench jury.
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Postmedia is committed to maintaining a lively but civil forum for discussion. Please keep comments relevant and respectful. Comments may take up to an hour to appear on the site. You will receive an email if there is a reply to your comment, an update to a thread you follow or if a user you follow comments. Visit our Community Guidelines for more information.