The Crown will not go ahead with its appeal of acquittals for a Saskatchewan couple accused of plotting to kill their spouses.
Former lovers Curtis Vey and Angela Nicholson were convicted of two counts each of conspiracy to commit murder in June 2016. However, the Court of Appeal found the trial judge erred in his instructions to the jury.
A May 2019 retrial ended abruptly after Justice Catherine Dawson excluded an iPod recording on which the pair discussed their affair and killing their spouses. Saskatchewan’s attorney general appealed on behalf of the provincial Crown, but filed a notice of abandonment this week.
The criminal case is now over.
“After careful review and consideration, the Crown has determined there is no reasonable likelihood of the appeal succeeding,” said a statement from Noel Busse, Saskatchewan justice ministry spokesperson.
Police received the iPod recording from Brigitte Vey, who suspected her husband Curtis was cheating. She planted the device in her Wakaw-area home, and set it to record with neither her husband nor Nicholson aware.
Nicholson is from Melfort, Sask.
“Looking at the record of the evidence from the trial and the case law as it now stands, the Crown has concluded it is not likely a new trial would be ordered,” Busse said.
Defence lawyers Aaron Fox and Ron Piché argued police shouldn’t have seized the recording without a warrant and breached the charter rights of their clients. Justice Dawson agreed.
The defence also stated the pair never intended to follow through and hurt anyone.
With the recording excluded, the Crown and defence decided not to bring forward any evidence at the retrial, which led to acquittals, but preserved the Crown’s right to appeal.
Fox, Curtis Vey’s lawyer, said he was “a little bit surprised” with the Crown’s decision last year to appeal, but is pleased it ultimately didn’t proceed.
“So he’s pleased that it’s finally over.”
Fox said clarifications from the Supreme Court of Canada between the initial trial and retrial outlined central topics including privacy issues with electronic devices and the “sanctity of communications in your own home.”
For Nicholson, the Crown’s decision not to proceed is vindication after “a long, long haul,” according to Piché.
“When she learned this, she was overwhelmed with emotion,” her lawyer said. “She was eager to share this with her family.”
Nicholson has tried to move ahead with her life, Piché said, including becoming a grandmother and seeing her daughter get married. After losing her job due to her charges, Nicholson is working with her union to revisit the status of her employment.
Speaking to reporters following the 2019 acquittals, Brigitte Vey said she had already achieved the best possible outcome: neither she nor Jim Taylor, Nicholson’s spouse, were hurt.