Convicted Innisfail bomber Brian Malley wants his case heard by the country’s highest court.
A leave to appeal to the Supreme Court of Canada was filed in September.
For Malley, the Supreme Court is the last available venue to appeal his Feb. 14, 2015 conviction for first-degree murder, intending to cause an explosion likely to cause death or serious bodily harm, and intending to cause death or serious bodily harm by delivering an explosive substance to someone.
His conviction automatically carried a sentence of life in prison with no possibility of parole for 25 years.
In most cases, Supreme Court justices will only consider an appeal after leave is granted. That leave or permission is granted when a case involves a question of public importance.
Malley appealed his conviction to the Alberta Court of Appeal and a three-judge panel heard the case in September 2016. In a unanimous decision by the three justices, the appeal was dismissed in June 2017.
Malley was convicted of delivering a home-made bomb in a green Christmas gift bag to Victoria Shachtay on Nov. 25, 2011. When Shachtay opened the package it exploded, killing her instantly.
Shachtay was a quadriplegic, who used a wheelchair and was mother to a seven-year-old girl.
Malley was convicted in Red Deer provincial court after a 26-day jury trial. Crown prosecutors said Malley killed Shachtay because she was a difficult client and was becoming a financial drain because much of her insurance settlement money had been squandered and he was using his own money to cover up the losses.
Malley’s case has not yet been sent to the Supreme Court judge’s for a decision.
Once filed to the court, it typically takes around four months for a decision on whether leave will be granted.
pcowley@reddeeradvocate.com
Like us on Facebook and follow us on Twitter