Accused in Bandidos massacre to head to trial
Last Updated: Thursday, June 21, 2007 | 11:55 AM CT
CBC News
Related
Internal Links
Eight people charged in Ontario's worst mass slaying will stand trial on all charges, a judge has ruled.
Six men each face eight counts of first-degree murder, and a man and a woman are charged with being accessories after the fact following the discovery of the bodies of eight Bandidos gang members last April in a farmer's field near the small town of Shedden.
Justice Ross Webster's decision on Thursday marks the official end of a long, secretive preliminary hearing for the accused that began in January to determine whether there was enough evidence to send the eight to trial.
At least two defence lawyers say the evidence warranted reduced charges for their clients, and are considering asking for another court to review the judge's decision.
"I suspect that just about every person will be seeking authorization to proceed with a review of this decision to see if it is, in fact, legally on solid ground," said Tony Bryant, who is representing Marcelo Aravena, charged with first-degree murder.
A review would delay a trial by several months.
"On a review, if there's a different result then the Crown can go to the Court of Appeal, or the accused can go to the Court of Appeal. Depending on what happens there, there's a possibility to get permission and go all the way to the Supreme Court of Canada," said Don Crawford, who is representing Michael Sandham, also charged with first-degree murder.
A long delay could change the location of the trial, Crawford said.
"This case supposedly is in St. Thomas [Ont.]. Courtroom facilities aren't available there, but there's talk of a new courthouse in St. Thomas and then by the time this thing comes to trial, there'll be a new courthouse in St. Thomas."
All eight accused are scheduled to appear in court July 11, though if reviews of the decision are launched, the appearances could be postponed until fall or later.
Those charged with first-degree murder include:
- Wayne Kellestine, 57, Dutton-Dunwich Township.
- Frank Mather, 33, of Dutton-Dunwich Township.
- Brett Gardiner, 22, of no fixed address.
- Michael Sandham, 38, of Winnipeg.
- Marcelo Aravena 30, of Winnipeg.
- Dwight Mushey, 39, of Winnipeg.
A common-law couple — Eric Niessen, 45, and Kerry Morris, 47, of Monkton, Ont. —face charges of being an accessory after the fact. First-degree murder charges against the two were dropped last May.
Share Tools
Latest Manitoba News Headlines
- Prisoner dies at Stony Mountain
- A 56-year-old man who spent most of his adult life in prison, has died at the Stony Mountain Institution, corrections officials say. more »
- Winnipeg WWE wrestler Chris Jericho suspended after flag incident
- Winnipeg native Chris Jericho has been suspended by the WWE after he crumpled and kicked a Brazilian flag at the WWE's debut show in Brazil. more »
- Missing boater may have struck reef, police say
- A boater who has been missing since Tuesday may have struck a reef, police say, adding a search for the man is continuing. more »
- Crime spree ends with 46 break-in charges
- Police in Winnipeg think they have caught the person behind a string of early-morning break-ins, where a vehicle was used to smash into businesses. more »
Top News Headlines
- Everest team unable to bring down Toronto woman's body
- Bad weather has hampered the recovery team that is attempting to bring down the body of a Toronto woman who died trying to climb Mt. Everest. more »
- 32 Syrian children die in artillery attack, says UN
- More than 90 people have been killed by regime forces in a district of central Syria, with the head of the UN team in the country confirming at least 32 children and 60 adults were killed the attack. more »
- Woman's remains found in hockey bag on Cape Breton river
- Police in Nova Scotia are investigating after a woman's remains were found in a hockey bag floating on a Cape Breton river Friday night. more »
- Aylmer triple stabbing leads to first-degree murder charges

- The estranged partner of a young mother who was stabbed to death along with her parents at their home in Aylmer, Que., has been charged with first-degree murder Friday. more »
- Winnipeg WWE wrestler Chris Jericho suspended after flag incident
- Crime spree ends with 46 break-in charges
- Missing boater may have struck reef, police say
- Outhouse bear attack survivor was grabbed from 'throne'
- First-time homebuyers find frustration in Winnipeg
- Winnipeg's Union Station to get facelift
- Kelvin High School celebrates 100 years
- RCMP to close labs in Halifax, Winnipeg, Regina
- MPI asked to cover tab for officers' overtime

