Just one day after notorious gangster Nick Chan left court a free man, the prosecution has filed an appeal seeking a new trial.
Court documents obtained by Global News confirm the Crown is appealing the stay of proceedings ordered Tuesday by Queen’s Bench Justice Paul Jeffrey.
Charges of first-degree murder, conspiracy to commit murder and directing a criminal organization were all stayed.
The prosecution lists several grounds of appeal, including that the trial judge erred in finding Chan’s charter rights were violated.
On Tuesday, Justice Jeffrey stated the case was not tried within a reasonable amount of time.
In the notice of appeal, the Crown also states the “trial judge’s conduct created a reasonable apprehension of bias.”
Prosecutor Steven Johnston said he was surprised by Tuesday’s ruling. Chan had been scheduled to stand trial in front of a jury this week, when instead the stay was ordered.
Watch below from April 17: Nick Chan walked out of a Calgary court house Tuesday morning. Nancy Hixt explains.
In March 2016, Chan was acquitted of first-degree murder in connection with the Bolsa triple-murders.
The charges for both cases were the result of a massive police operation called “Desino” in which several immunity deals were made with gang members in exchange for testimony against their former fellow gang members.
READ MORE: Jury finds Nick Chan not guilty of first degree murder
A publication ban prevents media from reporting further details related to the case.
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