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
Young people 'tortured' if stolen vehicle operations fail, Montreal police tell MPs
One day after a Montreal police officer fired gunshots at a suspect in a stolen vehicle, senior officers were telling parliamentarians that organized crime groups are recruiting people as young as 15 in the city to steal cars so that they can be shipped overseas.
'It was joy': Trapped B.C. orca calf eats seal meat, putting rescue on hold
A rescue operation for an orca calf trapped in a remote tidal lagoon off Vancouver Island has been put on hold after it started eating seal meat thrown in the water for what is believed to be the first time.
Man sets self on fire outside New York court where Trump trial underway
A man set himself on fire on Friday outside the New York courthouse where Donald Trump's historic hush-money trial was taking place as jury selection wrapped up, but officials said he did not appear to have been targeting Trump.
Sask. father found guilty of withholding daughter to prevent her from getting COVID-19 vaccine
Michael Gordon Jackson, a Saskatchewan man accused of abducting his daughter to prevent her from getting a COVID-19 vaccine, has been found guilty for contravention of a custody order.
Mandisa, Grammy award-winning 'American Idol' alum, dead at 47
Soulful gospel artist Mandisa, a Grammy-winning singer who got her start as a contestant on 'American Idol' in 2006, has died, according to a statement on her verified social media. She was 47.
She set out to find a husband in a year. Then she matched with a guy on a dating app on the other side of the world
Scottish comedian Samantha Hannah was working on a comedy show about finding a husband when Toby Hunter came into her life. What happened next surprised them both.
B.C. judge orders shared dog custody for exes who both 'clearly love Stella'
In a first-of-its-kind ruling, a B.C. judge has awarded a former couple joint custody of their dog.
Saskatoon police to search landfill for remains of woman missing since 2020
Saskatoon police say they will begin searching the city’s landfill for the remains of Mackenzie Lee Trottier, who has been missing for more than three years.
Shivering for health: The myths and truths of ice baths explained
In a climate of social media-endorsed wellness rituals, plunging into cold water has promised to aid muscle recovery, enhance mental health and support immune system function. But the evidence of such benefits sits on thin ice, according to researchers.