Attorney General confirms no appeal in Schoenborn case

B.C. Attorney General David Eby is reaffirming that the province won’t push for an appeal of a recent decision in the Allan Schoenborn case.

Schoenborn killed his three children in Merritt in 2008, but was found not criminally responsible because of a mental disorder.

The Crown wanted him classified as a “high-risk accused,” a designation that would have lengthened the time between his review hearings and scrap any hope of him being given escorted daypasses.

However, a BC Supreme Court Judge refused to grant the designation earlier this month.

Last week, the BC Prosecution Service said it would not appeal the ruling.

“The recommendation of these very experienced prosecutors, who have no interest having dangerous offenders on our streets was very clear: it was not in the public interest to pursue an appeal,” Eby said.

1:43 Judge rules child-killer Allan Schoenborn is not ‘high risk’

That said, Eby made it clear Schoenborn won’t be released and won’t be out in public without the approval of the Independent Mental Health Review board, something Eby said he is watching closely.

Eby’s comments cement the end to what was a two-year battle over Schoenborn’s status.

Schoenborn has been staying at the Forensic Psychiatric Hospital at Colony Farm since 2010, and after a hearing last year, was approved for escorted passes into the community.

None of the passes have actually been taken.

Prosecutors said despite the decision not to appeal they are still able to oppose escorted day passes for Schoenborn in the future.

Schoenborn’s next court appearance in front of a review board will be in November.

-With files from Charmaine de Silva