The man convicted in the 2006 killing of Misha Pavelick is appealing the seven-year youth sentence he was handed by a Saskatchewan court last month, court documents say.
His identity is protected by a publication ban. The Regina man was 17 years old when Pavelick, 19, was stabbed and died at a graduation party at Kinookimaw Campground more than 20 years ago.
In the paperwork, filed in Regina by defence lawyer Andrew Hitchcock on behalf of the convicted man, Court of King’s Bench Justice Catherine Dawson, the trial judge, is accused of ruling over the case unfairly. It claims Dawson managed the case “in a manner that unduly favoured the Crown.”
Court paperwork claims the mishandling of the case began after jury selection. The judge sequestered and informed jurors on the basic facts of the case in November. That included information backed by circumstantial evidence, which the defence said is unfair – but is admissible in Canadian courts, as long as other evidence supports the claim.
Had the defence been aware of the information shared by the justice in the “full proposed charge” earlier, the team could have reviewed it and better prepared for court, the appeal says.
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It also claims Dawson misapplied cross examination-related case law established in 1893 with Browne v. Dunn.
This case established the legal principle known as the confrontation rule. It states that if one witness’ recollection of events will be challenged by evidence that has not yet been presented, the witness must be informed and allowed to respond during the cross-examination.
The justice is also accused of misrepresenting witness evidence when she said one person’s testimony could be used to confirm information from another witness.
Dawson was said to have shown a preference towards the prosecution during closing arguments when she told the jury “a phrase used by defence council was not appropriate.”
Should the appeal be approved, and a new trial is ordered, the defence requested a judge-only trial, the documents say.
Now 37, the man was 17 when Pavelick was fatally stabbed at a campground graduation party near Regina Beach, Sask., in late May 2006. The publication ban on his identity was ordered in accordance with the Youth Criminal Justice Act (YCJA).
Seven years is the maximum sentence allowed for second-degree murder in the YCJA.
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