SASKATOON -- Saskatchewan crown prosecutors say they will not appeal the acquittals of Curtis Vey and Angela Nicholson, a pair of former lovers who were accused of plotting to kill their spouses.
"After careful review and consideration, the Crown has determined there is no reasonable likelihood of the appeal succeeding," according to a statement from Public Prosecutions.
"Appeals cannot proceed merely on the basis that the Crown disagrees with the trial judge’s conclusion."
Justice Catherine Dawson found Vey and Nicholson not guilty of planning to kill their spouses in a retrial May 27, 2019 after ruling a secret recording of the pair was inadmissible. Without the recording, the Crown entered no evidence.
Vey and Nicholson were convicted of conspiring to commit murder in 2016. A key piece of evidence in that conviction was a secret iPod recording of the two discussing a plan to kill Vey’s wife in a house fire and Nicholson’s husband by drugging him and making him disappear.
The retrial was ordered in August 2018 after an appeal judge found problems with jury instructions, partly with respect to Vey’s defence that he didn’t have a genuine intention to commit murder.
"An appeal is brought on the basis of the evidence as it was perceived during a trial, perceived errors in the application of the law, and the reasonable prospect of overturning the result," the Public Prosecutions statement says.
"Prosecutions conducts an in-depth analysis on each case once the court record becomes available. That includes recognizing any relevant changes to the law, even years after events. 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.
"While this was an uncommon case, the way the law developed after the events and the Court decision will inform any other cases with similar evidence in the future."
