(Above: Vinesh Pratap reports on the charges being stayed from the Law Courts)
EDMONTON – Charges against the man accused of killing a St. Albert couple have been stayed.
Alberta Justice confirms that it is not going ahead with two counts of first-degree murder against Travis Vader in deaths of Lyle and Marie McCann.
Michelle Davio from Albert Justice sent the following statement to Global News:
“The Crown has a duty to continuously reassess its case and ensure that, based upon the known evidence as a whole, there is always a reasonable likelihood of conviction. The Crown may not continue a prosecution unless it has had the opportunity to conduct this review, particularly if additional information is provided to it by the police investigators. In this instance, we cannot say more until the prosecution is finally concluded.”
A stay means the Crown has the option of reactivating the charges in the next year if new evidence comes up.
Vader’s defence lawyer, Brian Beresh, said he found out about the news one minute before he was scheduled to appear in court Wednesday morning to make two pretrial applications.
Beresh believes there has never been a realistic chance of his client being convicted.
“From my analysis, it appears that the police rushed to a judgement very quickly without any solid basis, and they never solidified that position,” said Beresh.
“It was shoddily gathered and it was a bunch of strings that were never tied together.”
Beresh spoke to Vader after the charges were stayed.
“I can tell you this: he was looking forward to establishing his innocence, and he would have remained in custody pending the trial to do that, so of course he’s pleased with this development, very pleased, but with that is a sort of bitter sweetness.”
Beresh said he was not informed as to why the charges against his client have been stayed.
“I’m surprised. I have a number of theories. Maybe they should remain that way.”
While there were strong words from the Defence, there were few words from the Crown.
When asked why the charges were stayed, Crown Prosecutor Michelle Doyle did not stop to speak to media.
“Unfortunately, I’m not in any position to make a public comment today,” she said while leaving the law courts. “I have directed you to our media contact and she will have more to tell you.”
“I am not in a position to make any comment today,” she added.
(Above: Travis Vader’s lawyer, Brian Beresh, reacts to news of the Crown staying charges against his client in the deaths of Lyle and Marie McCann.)
In response to Wednesday’s announcement, the McCann family issued a statement through the RCMP.
“After today’s court proceeding, we have met with both the RCMP and the Crown.
This isn’t over. Lyle and Marie McCann are still missing.
Though we see this as a delay in our search for justice, our family remains confident that the ongoing investigation will lead to the conclusion of this matter.
We ask that if someone has not yet come forward with information, or have not yet shared information that will help us find our parents, please contact Crime Stoppers. We continue to offer a $60,000 reward in conjunction with Crime Stoppers for any information that helps us bring our loved ones home.
While we are thankful for the immense public support we’ve received, we ask for privacy at this time.
Thank you,
The McCann Family”
On Wednesday evening, RCMP Sgt. Josee Valiquette told Global News “Our investigation continues. In order to protect the integrity of our investigation – which remains active – the evidence obtained and the privacy of those involved, the RCMP will not offer any comment during the course of this investigation.”
Lyle and Marie McCann were last seen gassing up their motorhome for a trip to B.C. on July 3, 2010. Their burned-out motorhome was found near Edson two days later.
A week later, the SUV they’d been towing was also discovered.
Their bodies have not been found.
Vader – who was already in custody on unrelated charges – was charged in the McCann’s deaths in 2012.
In 2013, the Crown made the decision to proceed with the case via direct indictment, meaning there was no preliminary hearing. A preliminary hearing is held to determine whether or not there is enough evidence to proceed to trial.
A trial was scheduled for late April.
Vader will remain in custody on unrelated charges.
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