B.C. Court of Appeal overturns conviction of Kelowna, B.C., man after identifying trial errors

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B.C. Court of Appeal overturns conviction of Kelowna, B.C., man after identifying trial errors
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The Appeal Court ruling clears the way for a new trial, with a date yet to be set for the man who has been serving a life sentence since January, 2020

The British Columbia Court of Appeal has ordered a new trial for a Kelowna man convicted of second-degree murder for bludgeoning another man with a hammer.

In a unanimous decision, a three-justice panel of B.C.’s highest court overturned Pirko’s conviction, ruling that the trial judge’s charge to the jury was “so confusing as to amount to error in law.” In his ruling issued Tuesday, Fitch also says the judge’s final instructions about Pirko’s criminal record were “incomplete and deficient in law.”

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