WARNING: This story contains graphic content. Discretion is advised.
One of the men convicted in the brutal swarming death of Lukas Strasser-Hird will be allowed to continue his bid for freedom pending an appeal.
On Tuesday, an Alberta Court of Appeal Justice granted an application to have a previous bail decision for Assmar Shlah reviewed by a panel of justices.
In June 2016, a Calgary jury found Shlah guilty of second-degree murder in the swarming death of Strasser-Hird. He was sentenced to life in prison with no chance of parole for 12 years.
In a written ruling April 4, 2017, Justice Brian O’Ferrall said Shlah’s “continued detention is in the public interest having regard to the gravity of the offence and the circumstances surrounding its commission.”
The ruling marked the third time Shlah was turned down for bail since being convicted of murder.
In a written decision, Madam Justice Jo’Anne Strekaf said, “I am persuaded that the applicant’s position has arguable merit.”
Defence for Shlah, Balfour Der, argued Justice O’Ferrall made several errors in law and fact in the case.
The previous decision to deny Shlah bail will now go before a panel of appeal court justices.
Der said he will try to schedule a new bail hearing as quickly as possible.
“I’m pleased I can re-argue bail because I firmly believe Shlah should be granted bail pending appeal,” Der said.
Strasser-Hird, 18, was beaten, kicked and stabbed in an alley behind a downtown Calgary nightclub in November 2013.
His father, Dale Hird called the latest court decision a “disgrace.”
“After being denied three times, I am furious,” Hird said. “Why do we have to put up with this? I have had enough,”
“How can our country allow this killer to continue to torture our family?”
Two other men were also convicted in this case; Franz Cabrera guilty of second-degree murder and Joch Pouk was found guilty of the lesser charge of manslaughter.