Curtis Vey and Angela Nicholson. (File photo/paNOW Staff)

By Aaron Schulze

No Appeal In Lovers' Plot

Crown won’t appeal acquittals of Nicholson and Vey in murder conspiracy case

Apr 3, 2020 | 5:00 PM

The Crown will not appeal the acquittal of two people who were accused of conspiring to kill their spouses.

During a voir dire hearing that preceded a re-trial in Prince Albert on May 27, Justice Catherine Dawson determined an audio recording of Angela Nicholson and Curtis Vey discussing their alleged plans could not be admitted as evidence.

Shortly after, Nicholson’s defence counsel Ron Riche said outside the courthouse the recording was inadmissible due to police not obtaining a warrant to search and seize the iPod that held the recording, thus violating the pair’s charter rights.

Noel Busse, executive director of the Ministry of Justice’s communications branch, provided a statement to paNOW on behalf of Public Prosecutions. The Crown felt there was no reasonable likelihood of the appeal succeeding.

“Appeals cannot proceed merely on the basis that the Crown disagrees with the trial judge’s conclusion,” the statement read. “An appeal is brought on the basis of the evidence as it was perceived during a trial… Looking at the record of the evidence from the trial and the case law as it now stands, the Crown has concluded it is not likely a new trial would be ordered.”

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Nicholson and Vey were originally convicted in 2016, for conspiracy to commit murder. A judge sentenced them to three years in prison each. However, a Saskatchewan Court of Appeals decision in August 2018 found the trial judge erred in their charge to the jury and a new trial was ordered. Vey and Nicholson have both argued they never intended to follow through on the acts discussed in the 2013 conversation.

[Nicholson and I] noted that come July 1 of this year, that would mark seven years since this incident,” Piche said. “She’s been living under a cloud since that time. It’s pretty rare in this province that you have such a lengthy criminal litigation like that. She’s delighted and looking forward to getting on with her life.”

Piche said he, co-defence counsel Aaron Fox, and Nicholson and Vey are relieved but not surprised the Crown won’t appeal Dawson’s ruling. Counsel was wondering when Public Prosecutions would file the appeal, as Piche said it normally takes around 30 days. Defence grew cautiously optimistic.

“This was quite a bit longer than you’d normally expect,” Piche said. “Towards the middle of [March], we had heard some rumblings that the matter was under serious review. When we finally did receive the notice of abandonment of appeal, it wasn’t particularly surprised. Sometimes where there’s smoke, there’s fire.”

Neither Vey nor Nicholson made themselves available speak to media after May’s verdict.

–

With files from Nigel Maxwell

aaron.schulze@jpbg.ca

On Twitter: @SchulzePANow