|Travis Vader (SUPPLIED PHOTO)
EDMONTON — Accused murderer Travis Vader will get a mistrial — at the minimum — on his conviction for drug and gun offences because of late police disclosure, court heard Friday.
Vader, 40, had been slated for sentencing after being convicted on May 2 of possession of a firearm without a licence or registration, trafficking in methamphetamine, theft of a motor vehicle, possession of a stolen truck and breach of a recognizance.
However, Judge June Ross agreed with the Crown and defence Friday that a mistrial would be appropriate because of the late disclosure.
The judge also noted that defence lawyer Anna Konye plans to seek a stay of proceedings in the case.
A hearing for the stay application, which would likely include evidence from the police involved in the late disclosure, was scheduled for Dec. 17.
Court heard the disclosure relates to two key witnesses in the case whom the judge relied on for the convictions.
In her May 2 decision, Ross had said she accepted the evidence of Melody Brisson and Kayla Campbell, two female accomplices of Vader's who testified at his trial.
Court heard Vader and the two women were smoking crystal meth supplied by Vader at Brisson's home on June 15, 2010, and the trio later left in a stolen Ford Ranger pickup, in which Vader stored a backpack containing a .22-calibre revolver and some .22-calibre ammunition.
After stealing another pickup, court heard, they drove the two vehicles down back roads until a police car flagged them down. Vader and Campbell, who were in the second truck, kept going while Brisson pulled over in the Ford Ranger.
Brisson was arrested and police found the gun and ammo. Campbell was arrested shortly after at a laundromat. The pair both pleaded guilty to various charges and received suspended sentences with 12 months of probation.
Vader was nabbed on July 19, 2010.
Vader is scheduled to be in court on Oct. 23 for his two charges of first-degree murder in the deaths of Lyle McCann, 78, and Marie McCann, 72.
The elderly St. Albert, Alta., couple was last seen alive on July 3, 2010, and reported missing by family a week later.
The McCanns were last seen fuelling their motorhome in St. Albert before heading on a camping trip through the Rocky Mountains, en route to Abbotsford, B.C.
Two days later, their RV was found engulfed in flames near the Minnow Lake campground, about 180 km west of Edmonton. The Tucson SUV they were towing was soon discovered in nearby Carrot Creek.
The couple has since been declared dead and presumed murdered, but their remains have yet to be found.