Cody Haevischer, convicted in the 2007 Surrey Six murders, loses court bid to exclude 2009 jail footage as his abuse of process hearing continues.
Convict’s Legal Bid Dismissed in Ongoing Murder Case Hearing
Cody Rae Haevischer, one of two men convicted in the 2007 Surrey Six mass killings, suffered a legal setback after a B.C. Supreme Court judge ruled against his motion to exclude surveillance footage taken at the Surrey Pre-trial Services Centre.
Footage Deemed Admissible by Supreme Court Judge
Justice Martha Devlin dismissed Haevischer’s application to prevent the Crown from using 210 hours of video recorded in June 2009, citing its potential relevance. The decision came during an evidentiary hearing in New Westminster connected to Haevischer’s broader abuse of process claim.
“I am satisfied… that the footage may be probative of live issues in this case,” said Devlin, adding that the potential prejudice to the defence does not outweigh its evidentiary value.
Background: One of B.C.’s Most Notorious Gang Slayings
The Surrey Six murders, committed on October 19, 2007, shocked British Columbia. Six men, including two innocent bystanders—Christopher Mohan and Ed Schellenberg—were shot dead in a Whalley high-rise. The killings were reportedly orchestrated by the Red Scorpion gang over a drug-related feud.
The other victims included Edward Narong, Ryan Bartolomeo, and brothers Michael and Corey Lal.
Abuse of Process Hearing Still Underway
Haevischer’s ongoing legal action, launched in November 2024, alleges misconduct by police, prosecutors, and correctional staff during the investigation and prosecution. His claim focuses on tactics used to sway loyalties of gang associates and their partners in favour of law enforcement.
Judge Devlin has yet to rule on the overall application but earlier denied Haevischer’s request to cross-examine nine defence witnesses, calling it “premature.”
Conviction Previously Upheld on Appeal
Despite ongoing legal maneuvers, the British Columbia Court of Appeal upheld Haevischer’s murder conviction in January 2021. The evidentiary hearing continues as the court examines whether the original prosecution involved abuses serious enough to warrant a judicial stay.
What’s Next in the Case?
The court will continue to hear arguments surrounding the abuse of process claim in the coming weeks. If successful, the application could lead to a rare judicial stay, although legal experts say such outcomes are uncommon in cases of this magnitude.
