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Court of Appeal sets aside acquittal for Peter Khill, orders new trial – CBC

by ahnationtalk on February 26, 202029 Views

Khill’s lawyers considering options, including appeal to Supreme Court of Canada

Feb 26, 2020

Ontario’s Cout of Appeal has ruled Peter Khill, the man found not guilty after admitting he shot and killed Jon Styres, should again stand trial for second degree murder.

The court released its unanimous decision Wednesday, saying the trial judge failed to instruct the jury to consider Khill’s conduct leading up to the moment the trigger was pulled and Styres, a First Nations man from Ohsweken, Ont., was killed.

The Hamilton-area homeowner was found not guilty following a 12-day trial last year where he argued he fired in self defence.

“I would allow the appeal, set aside the acquittal, and order a new trial on the charge of second degree murder,” wrote Justice David Doherty in a 48-page decision that stated not instructing the jury to consider Khill’s conduct in the lead up to the shooting left members unequipped to evaluate the “reasonableness” of his actions.

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