2 guilty in Surrey Six killings seek access to secret documents behind stay of Jamie Bacon's charges

The lawyers for two drug gang members convicted in the Surrey Six slayings are going after the secret legal documents that led to a stay of murder and conspiracy charges Dec. 1 against Jamie Bacon.

Cody Rae Haevischer and Matthew James Johnston are appealing their 2014 convictions on six counts of first degree murder and one count of conspiracy in the murder of rival gang member Corey Lal.

Now, with charges against Bacon stayed, their legal teams are exploring whether the privileged documents that led to the stay could also unravel the evidence used to convict them in what's been described as B.C.'s worst gang killing.

Six people died Oct. 19, 2007, in the Balmoral Tower in Surrey.

Two of the victims — Christopher Mohan, 22, and Ed Schellenberg, 55 — were described by police as innocent bystanders in the wrong place at the wrong time.

The other four victims, Ryan Bartolomeo, 19, brothers Michael Lal, 26, Cory Lal, 21, and Edward Narong, 22, were described by police as having criminal lifestyles.

The legal team for two of the men convicted in the killings now wonder whether the information that led to the stay of charges against Bacon in the execution-style slayings could also affect their cases.

Bacon is no longer charged with first-degree murder or conspiracy to commit murder because of privileged information that cannot be used in his defence — or divulged to the public or even his defence team.

The reason the charges were stayed, in part, is due to how RCMP investigators handled confidential information, according to a recent B.C. Supreme Court decision but details of why and how are still unclear.

During the investigation, the behaviour of several RCMP officers also came under scrutiny after allegations they'd had inappropriate sexual relationships with protected witnesses.

Four Mounties who initially investigated the grisly killings — former RCMP Sgt. Derek Brassington, Cpl. Paul Johnston, Sgt. David Attew and Cpl. Danny Michaud — are  currently facing various charges ranging from breach of trust and obstruction of justice to fraud.

The B.C. Prosecution Service said the information involved in the recent stay of Bacon's charges involved "issues relating to solicitor client privilege, litigation privilege, informer privilege and public interest privilege," in a statement released on Friday.

The veiled reference seems to suggest that the information involves a confidential informant, said Kim Bolan, who has, for years, covered this and other gang matters for the Vancouver Sun, even facing death threats related to this case.

Now, B.C. Supreme Court Justice Kathleen Ker has ruled the two men who were convicted in the case have the right to argue for access, in case the information may have affected the outcomes of their murder trials — information that, according to Bolan, now threatens to potentially unravel all the convictions in the controversial murder case.

"This could have a cascading effect, and we could see other people who have been held responsible for the Surrey Six murders released as well," she told CBC.

'Discordant' decision

The stay of charges against Bacon drew anguish from the shooting victims' families.

Premier John Horgan told CBC on Monday that this is a "setback for all of us."

"Whenever the judiciary makes a decision that appears to be discordant with the public — seems to be a bit off base —that diminishes the confidence in our system," Horgan said Monday.

Horgan promised to work "aggressively" to make sure public confidence is restored.

Provincial prosecutors are reviewing the case to determine if they will appeal the decision.

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In the meantime, Bacon remains in custody on a separate charge of counselling the murder of an individual in a case involving another gang member.

That matter is expected to go to trial April 3, 2018.

So far, he has not applied for bail, and, if he does, the Crown says it will oppose his release.