Joshua Berner, once sentenced to life, found not guilty

Joshua Berner has been found not guilty of second-degree murder in a second jury trial.

Carol Berner's son has had his 2nd degree murder conviction overturned

Joshua Berner was sentenced to life with no parole for 10 years for stabbing Benjamin Neil Warland to death after getting into a fight with the victim aboard a transit bus. He has now been found not guilty following a second trial. (CBC)

Joshua Berner has been found not guilty of second-degree murder in a second jury trial.

Berner won a re-trial after the court found the trial judge committed a significant legal error while instructing the jury at his first trial.

Berner's case attracted widespread attention because of his mother, Carol Ann Berner. She was convicted in the 2008 impaired driving death of four-year-old AlexaMiddelaer in Delta, B.C. — a case that also received a lot of media attention. 

Jason Tarnow, Berner's lawyer during the first trial, says his client never got a fair trial.

"He was never Joshua Berner in the headlines or in the stories. In the news, he was always Carol Berner's son up for murder. He was never Joshua Berner, and I think that played an effect in how the jury considered the case."

In 2010, Berner was convicted of killing 23-year-old Benjamin Warland.

The court heard how an argument on a bus in Richmond developed into a fight outside.

Warland was carrying a knife, and wound up being stabbed with his own weapon during the fight.

Warland was found lying in a front yard in the 11000 block of Cambie Road in Richmond, B.C., in the early morning hours of Feb. 1, 2009.

He died in hospital a few hours later.

With files from the CBC's Farrah Merali