The BC Court of Appeal has ordered a new trial in a North Okanagan murder case.
Matthew Foerster of Cherryville was convicted in 2014 of the first degree murder of Taylor Van Diest in Armstrong.
The 18 year old was killed near some railway tracks on Halloween night 2011.
Foerster’s lawyers appealed the case to BC’s highest court last June, claiming errors were made by the judge in instructions to the jury.
In a ruling out today, the three judge panel unanimously agreed there were two important errors in the judge’s charge that may have misled the jury.
One dealt with Foerster getting rid of a shoelace and flashlight after the crime, and another involved a text message Van Diest sent before she was attacked.
The appeal court ruled the errors may have affected the verdict, and ordered a new trial.
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