The British Columbia Court of Appeal has ordered a new trial for Kelly Ellard, who was 15 when she was alleged to have killed 14-year-old Reena Virk. Ellard was found guilty of second-degree murder.

Ellard was tried as an adult and convicted two years ago, but on Tuesday, the judges said the Crown had asked improper questions.

Kelly Ellard
Kelly Ellard

"The revulsion of the community to the circumstances of the crime was palpable. It was therefore incumbent on the Crown to proceed with special care that the appellant receive a fair trial," the judges wrote.

But the Crown failed by asking Ellard 18 times why witnesses would give false testimony against her. She testified in her own defence.

Prosecutors to ready new case

Virk's family reacted with dismay to the ruling, but prosecutors said they were ready to proceed, even though Virk died five years ago.

Crown spokesman Geoff Gaul said prosecutors will prepare a new case, although "it's too early to say when the trial's going to take place."

The case aroused national anger and made bullying by teenage girls a major concern when the circumstances of Virk's death came to light.

She was swarmed by a group of teenage girls and one boy in Victoria in November 1997. Six of them beat her. Then, according to witnesses at Ellard's trial, Ellard and Warren Glowatski continued the attack.

Virk's body was found eight days later.

Ellard, now 21, served about 18 months in youth custody. She's been out on bail during her appeal, after receiving a mandatory life sentence.

The Appeal Court earlier upheld Glowatski's conviction.

The six teenaged girls who began Virk's beating were convicted of assault causing bodily harm.