B.C. prisoner who killed 2 in 'obsession' case eligible for parole sooner due to medical condition

A Metro Vancouver man convicted of multiple counts of murder will be eligible for parole five years earlier due to his medical condition, the provincial Court of Appeal ruled this week.

Maurio Salehi appeared before a panel of appellant court judges Tuesday, after appealing his initial sentence of 20 years in prison before being eligible for parole.

The appearance was nearly three years after Salehi pleaded guilty to two counts of second-degree murder.

The case was described by the court as "a brutal stabbing of defenceless victims" and a "product of obsession," and Salehi was initially charged with first-degree murder.

Salehi admitted to his role in the 2015 deaths of his ex-girlfriend, Iryna Gabalis, and a friend, Dmitri Faktorovski, who was visiting from Israel. His initial sentencing judge called the killings "horrendous," and said the deaths appeared to be tied to his obsession with his former domestic partner. Both were killed in Gabalis's home at night.

Second-degree murder carries an automatic life sentence in B.C., but parole eligibility in each case is determined by the sentencing judge. Salehi was told he'd need to serve 20 years before potentially being let out on parole.

That decision was appealed by the defendant, whose legal team argued among other things that his medical condition should have been more of a factor in his initial sentence. His team also claimed the sentencing judge "overemphasized the appellant's moral blameworthiness" and the gravity of the offence.

Salehi has Parkinson's disease, and "will experience hardship in prison beyond that experienced by other inmates" as a result, Justice Peter M. Willcock wrote in a summary of the case that went before the Court of Appeal. 

Evidence presented in court included testimony from experts on the progression of the disease. Salehi was diagnosed in 2010 and, now in his 60s, is experiencing involuntary movements, painful spasms and other symptoms, the court heard.

He's dealt with weakness, pain and stiffness, and has fallen in his cell more than once, an occupational therapist said.

Salehi's sentencing judge did note that his Parkinson's would lead to problems in prison, but said he had been receiving appropriate medical care and was able to work and socialize.

"I am not prepared to find that correctional services will be unable to address and accommodate his medical needs," she said.

"That is not to say that it will not be difficult for Mr. Salehi as his disease progresses… Medical considerations are be taken into account in sentencing, but so too is the gravity of the offence."

In assessing the gravity, she took into account that there were two murders, and that the victims were unarmed and defenceless as they slept. She said the crimes "bore the hallmarks of the too frequent obsessive conduct of those who cannot accept disengagement from an intimate relationship," and cited Salehi's attempts to conceal his crimes by disposing of his clothing and feigning concern over a victim's well-being.

She said these things point to a "higher degree of moral blameworthiness," though she did also take into account what she believed to be genuine remorse from Salehi, as well as his lack of criminal record and his willingness to plead guilty.

The appellate court judges weighed the arguments outlined in sentencing, and agreed the murders were "particularly violent."

Still, Salehi's condition is degenerative, and new evidence suggests signs of deterioration. As a result of that evidence, Willcock wrote, a substitute was agreed upon.

Instead of life imprisonment with no possibility of parole for 20 years, Salehi may be eligible in 15 years.

"That sentence will reflect the view of the sentencing judge that the appellant's brutal crimes called for significant denunciation, but impose fewer limitations on the ability of the prison authorities to address damage to the appellant's physical and mental health and exceptional hardship that is likely to arise during the appellant's continued confinement."