Malley awaits appeal decision

Alberta’s Court of Appeal has reserved its decision on whether an Innisfail man convicted of killing a woman with a bomb will get a new trial.

Alberta’s Court of Appeal has reserved its decision on whether an Innisfail man convicted of killing a woman with a bomb will get a new trial.

Brian Malley, 59, had his appeal heard by a three-judge panel in Calgary on Tuesday. As is usual, the panel gave no indication of when they would release their decision.

Malley was convicted by a jury of first-degree murder in Red Deer provincial court on Feb. 14, 2014. He was automatically sentenced to life in prison with no chance of parole for 25 years.

Victoria Shachtay, 23, was killed on Nov. 25, 2011 opening a gift left on her Innisfail doorstep. The paraplegic single mother opened the disguised bomb, it went off and killed her instantly.

A 2004 car collision left Shachtay confined to a wheelchair. In 2007, she received a large settlement from the crash and invested $575,000 of the money and a $264,000 loan at Malley’s recommendation through the company Assante Wealth Management.

By the spring of 2011, the money had run out. To hide the losses, between April and November 2011, Malley made tens of thousands of dollars in payments to Shachtay from his own debit and credit card accounts, even going into overdraft.

Malley was arrested on May 27, 2012, following a six-month investigation by the 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’s counsel maintained throughout the trial that investigators had tunnel vision and focused in on Malley without considering other alternatives.

After the conviction, defence counsel Bob Aloneissi, of Edmonton, said his client was wrongfully convicted and compared it to the convictions of Guy Paul Morin and David Milgaard. Milgaard was acquitted after serving 20 years in prison for a murder he did not commit while Morin was exonerated by DNA evidence.

Malley, who has remained in custody, was represented by Edmonton lawyer Nathan Whitling at Tuesday’s hearing. Whitling works with Aloneissi at Liberty Law.

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

Just Posted

Ponoka RCMP said Traytyn Okeymow, 22, was last seen at this residence at about 9:45 p.m. on April 4. (Photo contributed)
Missing man located by Ponoka RCMP

Ponoka RCMP seek public’s help

RCMP file photo (Photo by Jeff Stokoe/Advocate staff)
RCMP lay cattle rustling, drug and firearm charges in Clearwater County

A cattle rustling investigation in Clearwater County led to firearms and drug… Continue reading

(File photo by Advocate staff)
European Commission President Ursula von der Leyen delivers a statement after a meeting of the college of commissioners at EU headquarters in Brussels, Wednesday, April 14, 2021. EU Commission chief Ursula von der Leyen announced plans Wednesday for a major contract extension for COVID-19 vaccines with Pfizer stretching to 2023. (John Thys, Pool via AP)
EU reaches major climate deal ahead of Biden climate summit

Provisional deal reached after officials negotiated through the night

Mountain Men’s Barbershop co-owners Laura-Lee Gambee, left, and Heidi Forster pose in their Collingwood, Ont., shop in an undated handout image. Small business owners and the Canadian Federation of Independent Businesses say companies started in the months leading up to COVID-19 or those that opened during the pandemic don’t qualify for the recently-extended rent or wage subdies or a new hiring subsidy the government announced Monday. THE CANADIAN PRESS/HO-Kiley VanderMeer
New, young small businesses left out of federal budget want more aid: CFIB

Eligibility requirements for subsidies need improving

A vial of the Medicago vaccine sits on a surface. CARe Clinic, located in Red Deer, has been selected to participate in the third phase of vaccine study. (Photo courtesy www.medicago.com)
Red Deer clinical research centre participating in plant-based COVID-19 vaccine trial

A Red Deer research centre has been selected to participate in the… Continue reading

FILE - Ted Nugent performs at Rams Head Live in Baltimore on Aug. 16, 2013. Nugent revealed he was in agony after testing positive for coronavirus — months after he said the virus was “not a real pandemic.” “I thought I was dying,” Nugent says in a Facebook live video posted Monday. (Photo by Owen Sweeney/Invision/AP, File)
Ted Nugent, who once dismissed COVID-19, sickened by virus

Rocker a supporter of ex-President Donald Trump

Gwynne Dyer
Bolsonaro: Suicide by COVID

‘Rounding into the home stretch, it’s Italy by a full length, then… Continue reading

Queen Elizabeth II during her visit to Red Deer, June 28, 1990. (File photo by Advocate staff)
Red Deer and the Royal Family

The recent passing and funeral of Prince Philip, Duke of Edinburgh, in… Continue reading

Vancouver Canucks' Tanner Pearson, right, celebrates after scoring against Toronto Maple Leafs goalie David Rittich during the third period of an NHL hockey game in Vancouver, on Tuesday, April 20, 2021. THE CANADIAN PRESS/Darryl Dyck
Pearson, Sutter each score twice as Canucks dump Leafs 6-3

Pearson, Sutter each score twice as Canucks dump Leafs 6-3

Everton's Gylfi Sigurdsson celebrates with teammates after scoring his side's second goal during the English Premier League soccer match between Everton and Tottenham Hotspur at Goodison Park in Liverpool, England, Friday, April 16, 2021. (Peter Powell/Pool via AP)
Super League collapses after the 6 English clubs withdraw

Super League collapses after the 6 English clubs withdraw

Most Read