Lawyers for Robert William Pickton filed papers launching an appeal of his conviction on six counts of second-degree murder in the B.C. Court of Appeal on Wednesday.
Robert William Pickton, seen here in a court sketch done during his trial, was sentenced to life in prison with no eligibility for parole for the maximum 25 years after his conviction on six second-degree murder charges.
(CBC)
In the Notice of Appeal, the defence team outlined six grounds for the appeal.
The paperwork contends Justice James Williams made a mistake when he initially instructed the jury they could convict Pickton if they were satisfied he acted either alone or in concert with others in the murders.
Pickton's lawyers argue there was no evidence presented at the trial that Pickton acted in concert with others.
The Notice of Appeal also argues the judge also made a mistake when answering a question the jury asked on the sixth day of deliberations, and by amending his instructions to them.
During the trial, Williams abruptly suspended the jury's discussions and called the jurors back to his courtroom to give them revised instructions in response to a question they had asked earlier in the day.
The Notice of Appeal also argues that the judge should not have allowed certain "similar fact" evidence to be presented in court by the Crown, including evidence relating to the death of "Jane Doe," an unidentified person who was not included in the six charges of murder heard during the trial.
Pickton's legal team also argues the jurors should not have heard certain statements Pickton make to police.
It will take several months for both sides to review and prepare arguments before an appeal is heard, said Gil McKinnon, a specialist in appeals who recently joined Pickton's defence team.
Pickton, a Port Coquitlam pig farmer, was convicted Dec. 9 of six counts of second-degree murder and sentenced two days later to life in prison with no chance to apply for parole for 25 years. He had been tried on six counts of first-degree murder.
Crown also filed appeal
Pickton also is charged with murder in the deaths of 20 women. No date for that trial has been set and it is unlikely a second trial could proceed while the first trial was being appealed.
The 26 women Pickton was charged with murdering disappeared from Vancouver's Downtown Eastside, an impoverished neighbourhood known for drugs and prostitution.
The Crown has already filed its own appeal, asking for a new trial on 26 counts of first-degree murder.
B.C.'s attorney general said the Crown filed its appeal to ensure that if an appeal does proceed, it will be based on the original charges of first-degree murder, rather than the final convictions of second-degree murder.
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Robert William Pickton, seen here in a court sketch done during his trial, was sentenced to life in prison with no eligibility for parole for the maximum 25 years after his conviction on six second-degree murder charges.
