Malley appeal adjourned to May

The appeal for a financial advisor convicted of the bombing death of a former client continues to work its way through the Appeals Court of Alberta.

The appeal for a financial advisor convicted of the bombing death of a former client continues to work its way through the Appeals Court of Alberta.

Brian Andrew Malley, 58, of Innisfail was convicted on Feb. 24, 2014 of the first degree murder of Victoria Shachtay, 23, also of Innisfail.

Malley’s appeal was scheduled to be heard on Jan. 6 in the Calgary Court of Appeal, however it was adjourned to May 4.

At this stage in the process, Malley is applying to have the appeal heard by a panel of three appeal court judges. The appeal was first filed in March 2015.

He was sentenced to life in prison, without the possibility of parole for 25 years, by Justice Kirk Sisson after being convicted by a jury. Malley remains in prison throughout his appeal process, as he was denied bail by the appeal court in June.

Shachtay was killed opening a Christmas gift disguising a bomb.

The gift was left on the doorstep of her Innisfail apartment on Nov. 25, 2011. When she opened it, the pipe-bomb detonated.

Shachtay had invested $575,000 using Malley’s financial advising services through Assante Wealth Management.

Shachtay was wheelchair-bound, the result of a 2004 car collision that left her a paraplegic. In 2007, she received a settlement from the crash and invested $575,000 of her own money, plus another $264,000 loan at Malley’s recommendation.

By 2011, the money had run out. Between April and November 2011, Malley made $30,000 in payments to Shachtay from his own debit and credit card accounts, even going into overdraft. The Crown contended at trial that Malley killed Shachtay to cut his losses.

Malley was arrested on May 27, 2012, after a six-month extensive investigation by Innisfail RCMP, RCMP post blast national response team, explosive disposal and technology section, tech crimes, special tactical operations, criminal analysis section, special surveillance units and forensic labs.

Malley and Assante Capital and Wealth Management were also at the centre of a $10 million settlement late last year. A class action lawsuit had been filed by 804 claimants alleging improper investment management, non-disclosure of conflicts of interest and disregarding client instructions. As part of the settlement, no wrongdoing or guilt were admitted.

Malley and his wife Christine were fined by the Industry Regulatory Organization of Canada on June 25, 2014 for various violations. Brian was fined $335,000 an Christine was fined $265,000.

mcrawford@bprda.wpengine.com

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Weinstein conviction sends right message, says advocate

“Don’t stay in silence because we can make this end one day”

One actor tackles 33 zany characters in CAT’s social satire, Fully Committed

Ash Mercia is taking on an actor’s biggest challenge

Sylvan Lakers asked for playground input

Town has set aside $250,000 to replace Centennial Park playground

Alberta legislature resumes: Focus on jobs and bill to punish protesters

EDMONTON — A new legislature sitting has begun with the Alberta government… Continue reading

Your community calendar

Feb. 19 A Liberation of Holland event is being held at the… Continue reading

Bucks defeat Raptors in battle of Eastern Conference heavyweights

Bucks 108 Raptors 97 TORONTO — Khris Middleton scored 22 points as… Continue reading

Monahan, Backlund score 2G each, Flames beat Bruins 5-2

Flames 5 Bruins 2 BOSTON — Sean Monahan scored a pair of… Continue reading

Canadian Pacific obtains injunction to end Mohawk rail blockade in Kahnawake

MONTREAL — Canadian Pacific Railway obtained an injunction Tuesday aimed at ending… Continue reading

Alberta legislature resumes: Focus on jobs and bill to punish protesters

EDMONTON — A new session of the Alberta legislature began Tuesday with… Continue reading

Red Deer realtor is Century 21’s best seller worldwide

Nobody sold more units than Gavin Heintz among company’s 139,000 realtors

Red Deer District Community Foundation looking for volunteer board members

The Red Deer & District Community Foundation is looking for new board… Continue reading

Feds seek 21 months for Hot Pockets heiress in college scam

BOSTON — Prosecutors are seeking nearly two years in prison for an… Continue reading

Most Read