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