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
India's foreign minister reacts to murder charges, claims Canada welcomes criminals
India's Foreign Affairs Minister accused Canada of welcoming criminals from his country in response to the RCMP's recent arrests in a homicide that has roiled tensions between the two countries.
15-year-old boy stabbed in Ottawa on Thursday dies
A 15-year old boy who was critically injured after a stabbing in Nepean on Thursday has died of his injuries, Ottawa's English public school board said Sunday.
Dash cam catches moment suspected drunk driver hits parked car, sends it careening into North Shore flower shop
Police say it’s fortunate no one was injured or killed in a collision at North Vancouver’s Park and Tilford shopping centre Saturday evening that sent one vehicle careening into a flower shop and another into a set of concrete barriers outside a Winners store.
Actor Bernard Hill, of 'Titanic' and 'Lord of the Rings,' has died at 79
Actor Bernard Hill, who delivered a rousing cry before leading his people into battle in 'The Lord of the Rings: The Return of the King' and went down with the ship as the captain in 'Titanic,' has died.
'A tiny city:' Pro-Palestinian campus protesters organize for another week
Pro-Palestinian activists have set up tents at universities in Toronto, Ottawa, Vancouver and Montreal, following a wave of similar protests at campuses in the United States linked to the Israel-Hamas war.
Lawsuit against Meta asks if Facebook users have right to control their feeds using external tools
Do social media users have the right to control what they see — or don't see — on their feeds?
A Holocaust survivor will mark that history differently after the horrors of Oct. 7
This year's Holocaust Remembrance Day, which begins on Sunday evening in Israel, carries a heavier weight than usual for many Jews around the world.
Princess Anne lays wreath at Battle of Atlantic ceremony; honours late Queen
Princess Anne saluted Canadian veterans and current forces members and honoured her late mother during separate ceremonies Sunday in Victoria as she wrapped up a three-day British Columbia West Coast royal visit.
El Nino weakening doesn't mean cooler temperatures this summer, forecasters say
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.