B.C. man's 2nd-degree murder conviction restored in Japanese student's death
The Supreme Court of Canada has restored the second-degree murder conviction handed to a British Columbia man for the 2016 slaying of a visiting Japanese student, even though the prosecution relied on evidence not usually admissible in court.
In a 7-2 ruling, the high court has overturned a February 2021 B.C. Court of Appeal decision that ordered a new trial for William Schneider following his conviction for the slaying of 30-year-old student Natsumi Kogawa.
Schneider, now in his mid-50s, was charged in September 2016, shortly after Kogawa's body was found in a suitcase dumped in Vancouver's West End, two weeks after she was reported missing.
Schneider's brother confronted the accused after recognizing him in a photo circulated by police, telling the court he then overheard Schneider admitting to the murder during a phone conversation.
The trial judge ruled the overheard conversation was admissible and Schneider was found guilty in 2018 and handed a life term with 14 years before parole eligibility, but his conviction was set aside on appeal because of its reliance on hearsay evidence.
In writing for the majority, Supreme Court of Canada Justice Malcolm Rowe has upheld the Crown appeal of the overturned conviction, finding the trial judge was correct to admit the overheard conversation.
The jury was given “clear and effective instructions” on the weaknesses of the brother's testimony and how jurors should consider it, says Rowe.
“The instructions gave the jury the guidance needed to weigh the evidence in accordance with legal principles. As such, the instructions effectively and adequately limited the possibility of prejudicial use,” he writes.
The Crown's theory at Schneider's original trial was that he and Kogawa were on a date when he became angry because she had to leave. He killed her by smothering her, the Crown argued, although an exact cause of death was never determined.
Schneider pleaded guilty to interfering with Kogawa's body when he placed it in a suitcase and admitted that he disposed of the remains by leaving them on the grounds of the Gabriola House mansion in the city's West End, but he has always denied any part in the murder.
This report by The Canadian Press was first published Oct. 7, 2022.
CTVNews.ca Top Stories
NDP motion regarding Palestinian statehood passes after major Liberal alterations
A motion from the federal New Democrats initially calling on Canada to recognize the 'State of Palestine' passed amid widespread acrimony on Monday, after the Liberals drastically altered its wording to see the government simply work towards that aim as part of a two-state solution.
'He didn't want to die': Family of Calgary man killed in standoff speaks out
Family of a Calgary man killed after a 30-hour standoff with police last week are speaking out, sharing details of the tense and heart-wrenching experience.
Toronto family doctor who called patient's body 'perfect' suspended for 3 months: tribunal
A family doctor in Toronto has been suspended for three months after a disciplinary tribunal found that he failed to follow proper protocols while examining a patient's breasts and made inappropriate comments about her body.
Ohio mom who left toddler alone 10 days when she went on vacation pleads guilty to aggravated murder
An Ohio mother whose 16-month-old daughter died after being left home alone in a playpen for 10 days last summer while she went on vacation was sentenced Monday to life in prison with no chance of parole.
Retired teacher pleads guilty to paying for sex with 15-year-old in Collingwood, Ont.
In a Barrie courtroom on Monday, a retired high school teacher from the Niagara Region pleaded guilty to sexual touching and obtaining sexual services from a 15-year-old boy in Collingwood in 2021.
Hertz CEO out following electric car 'horror show'
The company, which announced in January it was selling 20,000 of the electric vehicles in its fleet, or about a third of the EVs it owned, is now replacing the CEO who helped build up that fleet, giving it the company’s fifth boss in just four years.
5 charged in Calgary kidnappings that targeted women
Calgary police have charged five men in a pair of kidnappings last year that targeted innocent victims.
Demand soars for solar eclipse glasses in Canada. Are they worth buying?
The demand for total solar eclipse glasses used to safely view the rare celestial event has been ramping up as sellers, along with astronomy and eye-care experts in Canada, warn that viewing the eclipse with the naked eye is dangerous.
Canadian commander of volunteer fighter group dies in Ukraine
A Canadian-born commander of the so-called Norman Brigade, a volunteer fighting group in Ukraine, has died.