VANCOUVER - A judge has rejected an accused gang member's attempt to have a conspiracy charge thrown out at a murder trial related to the deaths of six people near Vancouver.
Cody Haevischer is on trial along with Matthew Johnston for the executions of six people, including two innocent bystanders, in Surrey, B.C., in October 2007.
The lawyer for Haevischer, who is also charged with six counts of first-degree murder, had argued the Crown had produced no evidence to support a charge of conspiracy to commit murder against his client.
But B.C. Supreme Court Judge Catherine Wedge disagrees, concluding that there is some evidence related to Haevischer's alleged conduct before, during and after the murders that could support the inference that Haevischer was involved in the conspiracy.
Wedge says that may not be the only conclusion that could be made, but her ruling means at this stage the conspiracy charge against Haevischer will proceed.
Prosecutors wrapped up their case last week, and defence lawyers are now making a number of applications before revealing whether they intend to call any evidence of their own.