In Calgary courts: Top court upholds conviction of Calgary dependent adult in murder of his elderly father
More from Calgary courts
The murder conviction of a dependent adult Calgary man in the death and attempted decapitation of his father has been upheld by the province's top court.
In a unanimous written decision, a three-member panel of the Alberta Court of Appeal said there were no legal errors in the case of Vincent Fong that would justify appellate intervention. Advertisement Advertisement
Advertisement Advertisement
Defence counsel Jennifer Ruttan had raised several grounds of appeal, including that Justice Paul Jeffrey erred in allowing the prosecution to recall psychiatric rebuttal evidence on Fong's cognitive difficulties based on his severe autism.
But the appeal judges said that while allowing the prosecution to call further evidence after the defence closes its case can create an unfair advantage, it didn't in Fong's trial.
"Allowing rebuttal evidence is exceptional as it may permit the Crown to 'split its case' or otherwise gain an unfair advantage," the appeal judges noted.
They said trial judges have the discretion to permit rebuttal evidence. Advertisement
Advertisement Advertisement Advertisement
"The standard of (appellate) review is deferential unless the discretion has been exercised in a manner that would produce unfairness or prejudice to the case on trial," the judges wrote.
But in Fong's case the defence, through psychiatrist Dr.
Oluyemesi Ajeh and Fong's mother Yee Ling Fan, raised questions about the offender's ability to understand death.
"Concerns about the Crown 'splitting its case' and therefore undermining the fair trial rights of the appellant do not arise in this case as the rebuttal evidence addresses a defence advanced by the appellant."
The top court also rejected suggestions Jeffrey erred in his charge to jurors who ultimately convicted Fong. Advertisement Advertisement
Advertisement Advertisement
One complaint raised by Ruttan was that Jeffrey told jurors to consider whether a witness had an interest in the proceedings or bias in relation to the evidence of Fan and Ajeh.
"The appellant contends that this instruction was unnecessary, gave undue emphasis to this issue, and unjustifiably undermined the evidence of these witnesses," the appeal judges noted.
"We are not persuaded that the impugned instructions were unjustified, unfair, or otherwise undermined the ability of the jury to decide the case in accordance with the law and the evidence."
Jurors found Fong, then 36, had the capacity to form the intent to commit murder when he killed his father, Shu Kwan (Ken) Fong, 70, in the family's northwest Calgary home on the afternoon of Jan.
9, 2019, rejecting defence arguments he should be convicted of manslaughter. Advertisement
Advertisement Advertisement Advertisement
Fong had pushed his father down a set of stairs and then retrieved a knife from the kitchen and repeatedly stabbed the victim before attempting to cut off his head to ensure he was dead.
Jeffrey sentenced Fong to life in prison without parole for a minimum 10 years[1].
Lawyers to ponder bail plan for man charged in 'Catch-a-Predator' scheme over the next week
The brass doors outside the Calgary Courts Centre in 2022.
The Calgary resident charged by Mounties after a failed to-catch-a-predator scheme by a group of Airdrie youth will remain behind bars while his lawyers contemplate a potential bail plan.
Defence counsel Sam Taylor appeared in Airdrie Court of Justice on Thursday and indicated lead lawyer Rebecca Snukal is awaiting assigned Crown prosecutor Jenny Rees to return to work to discuss the file of Zain Alnoor Merchant.
Advertisement Advertisement Advertisement
Advertisement
"We are simply asking the matter to be adjourned over to Sept.
9, in Cochrane," Taylor told Justice Clarissa Pearce.
"The information we received is that Ms. Rees ... will be back on Sept.
8, at which time we can discuss with her next steps in the matter."
Taylor said those discussions will likely include the issue of Merchant's potential release pending trial in the case.
Crown prosecutor Stephanie Rodgers suggested having the case back in Airdrie on Sept.
11, but Taylor said they're hoping to get the case moving as quickly as possible.
"I don't anticipate anything substantial happening on the 9th. It's just a means to have a date, but perhaps if Ms.
Snukal and Ms. Rees are in a position to move forward with a bail hearing date, or something of that nature, we would like to have an opportunity to do that sooner rather than later," Taylor said. Advertisement
Advertisement Advertisement Advertisement
Merchant, 37, has been in custody since Aug.
18, after he was arrested by Airdrie RCMP responding to a child abduction report involving a 12-year-old boy.
He faces charges of abducting a person under 14, sexual interference, invitation to sexual touching, kidnapping, forcible confinement, flight from a peace officer and three counts of breaching prior court prohibition orders, two for contacting a minor and one for accessing the Internet.
Police said their investigation determined at least 10 Airdrie youth were involved in a vigilante plot, based on the TV show To Catch a Predator, that went awry.
Suspect on release in connection with fatal crash to seek bail later this month on new charges
Exterior signage is shown at the Calgary Courts Centre in downtown Calgary in 2024.
The Calgary drunk driving suspect accused of fleeing a traffic stop while on bail in connection with a fatal crash will make a new bid for freedom in two weeks. Advertisement Advertisement
Advertisement Advertisement
Defence counsel Alain Hepner appeared in Calgary Court of Justice on Wednesday to set a Sept.
18 bail hearing for his client, Kane Anignostis Burrows.
Hepner told Justice Clarissa Pearce that court will also hear at that same time an application by Crown prosecutor Greg Piper to revoke Burrows' earlier bail in connection with a fatal crash last Dec.
23.
Burrows, 19, was on bail on six charges[2], including impaired driving causing death, in connection with a crash on Glenmore Trail S.W., when he allegedly fled a traffic stop on Aug.
8.
He was arrested after police say a BMW M5 fled a traffic stop before heading northbound on Macleod Trail. Advertisement
Advertisement Advertisement Advertisement
"It is believed the driver attempted to turn westbound on 58th Avenue S.W. while fleeing a traffic stop," Calgary police said in a release. "The BMW then struck the rear of a parked vehicle, causing a chain reaction that damaged seven parked vehicles."
At the time Burrows was on strict bail conditions, including a prohibition on getting behind the wheel and a second that he not consume alcohol.
He faces charges of impaired driving, having an unlawful amount of alcohol in his system and two breaches of his release conditions.
Burrows is set to face a preliminary inquiry in November on the charges relating to a fatal crash just before last Christmas[3].
Advertisement Advertisement Advertisement
Advertisement
According to a police news release, the driver of a 2018 BMW M240i lost control on a bend in the road and entered the right shoulder of the eastbound lanes of Glenmore Trail and struck a stationary crane.
An 18-year-old passenger, Zachary Legault, was transferred to hospital in life-threatening condition and later succumbed to his injuries.
Man who 'snapped' and fled traffic stop before engaging in a shootout with police handed six-year sentence
The historic doors outside the Calgary Courts Centre on May 28, 2025.
The city man who "snapped" following a lifetime of tragedy, fleeing a traffic stop and engaging in a shootout with police, was sentenced Wednesday to a six-year prison term.
Justice Bruce Fraser accepted a joint submission from defence counsel Rebecca Snukal and Crown prosecutor Patrick Bigg, to hand Stefan Service that sentence minus credit for pre-trial custody and house arrest while on bail.
Service pleaded guilty in June to four charges relating to a series of events on June 21, 2024, which began in south Calgary and ended with an exchange of gunfire between the offender and RCMP and CPS officers north of the city.
And at an earlier bail hearing, Snukal told court she was surprised, considering the tragic turns her client's life had taken, that he didn't lose it earlier.
"I wondered why he didn't snap sooner," Snukal told court last November, describing her reaction to learning of Service's history.
The lawyer said as she learned of Service's background she began to understand why he went off the rails after an argument with his girlfriend, Robyn Gilholm, at their Deer Run residence.
Snukal said along with an abusive upbringing at the hands of his stepfather, Service has endured the loss of one child with Gilholm, when it was discovered the fetus had no heartbeat; the death of an earlier toddler, who succumbed to COVID-19 in November 2021; and the homicide of his mother.
She told Service's bail hearing that he had attended court when his mom, Karen Jordan's killer, Paul Tamasi, pleaded guilty to a reduced charge of manslaughter.
Tamasi strangled Jordan in 2013 and dumped her remains in a secluded area near Grande Prairie, where they were found seven years later.
Service pleaded guilty June 11, to charges of dangerous driving, recklessly discharging a firearm at two officers, breach of a firearms prohibition order and flight from police.
According to facts read in at the time, Service had gotten into an argument with Gilholm that evening and she asked him to leave the residence.
He was subsequently spotted on Anderson Road S.E. and an officer conducted a traffic stop before Service drove off at a high rate of speed almost causing a collision and running a red light.
Another officer spotted Service driving westbound on Canyon Meadows Dr. S.E. running a red light there. Neither officer took chase.
Surveillance units picked up Service at Anderson Road and Macleod Trail S.W. and the HAWCS helicopter tracked him as he drove north out of the city.
Airdrie RCMP were able to deploy a tire deflation device and after continuing northbound on Highway 2 a short distance, Service got out of his Dodge Ram and fired at both a Mountie and CPS canine unit member who had arrived to assist.
Gunfire was exchanged, but no one was hit.
Service fired seven shots from his shotgun, striking both an RCMP and CPS vehicle officers used to take cover before he was eventually arrested.
Suspect in Stampede grounds stabbings bail hearing delayed to Friday
Calgary Police Staff Sgt. Scott Campbell speaks to media at CPS headquarters on Aug.
29, 2025, regarding charges laid in relation to a stabbing and assaults that occurred during Stampede.
The suspect accused of stabbing three males on the Stampede grounds during the annual exhibition will remain behind bars at least until Friday.
Defence counsel Craig Leggatt appeared in Calgary Court of Justice on Wednesday and indicated Legal Aid has not yet retained him or another lawyer to represent Irfan Mohammadi.
Leggatt asked Justice Clarissa Pearce to vacate a tentatively set bail hearing for Mohammadi for Thursday and ask that his case be returned to court on Friday with hopes his lawyer issue will be resolved.
Leggatt initially appeared along with Mohammadi, who attended court via video link from the Calgary Remand Centre, on Tuesday and indicated the bail hearing date supplied by the case management office would have kept the accused detained until at least Sept.
12.
He asked Justice Sheri Epp to order the bail hearing to take place Thursday, but she was reluctant to do so without assigned prosecutor Kane Richards approval and asked that the case be brought back on Wednesday.
Leggatt said he has spoken to Richards about the accused's potential release.
"I have had some discussions with the assigned Crown and it might end up being on a consent basis," Leggatt said of Mohammadi's prospects for release.
Mohammadi, 18, faces three charges of aggravated assault in connection with a July 8, incident on the Stampede midway.
Police were called around 11p.m. to a report of a stabbing near the Euroslide attraction at the park. A man was discovered in life-threatening condition and taken to hospital. He was later released in stable condition.
Soon after, an injured youth was found at 17th Avenue and Macleod Trail S.E. and a third man in medical distress was located at Erlton Street and 27th Avenue S.E., the Calgary Police Service[4] said in a news release.
Mohammadi has been in custody since Aug.
26.
One of two murder suspects charged in connection with the disappearance of a Calgary man seeking bail
Christopher Stevenson went missing in August 2023.
One of two suspects charged with murder in the disappearance of a city man more than two years ago wants his freedom pending his fall 2026 trial.
Justice Allison Kuntz heard submissions Tuesday from defence counsel Pawel Milczarek and Crown prosecutor Donna Spaner on whether Shaun Alexander Folk should be released on bail pending his Court of King's Bench trial.
At Milczarek's request, Kuntz ordered a publication ban on submissions and any evidence presented at the bail hearing.
Folk, 48, is charged with second-degree murder in connection with the disappearance of Calgarian Christopher Stevenson, who was last seen in August 2023.
Folk was arrested by Calgary police a year after Stevenson disappeared.
Two other Calgary residents, Kenedee Christine Taylor and Samir El-Sayed have also been charged in the case.
Taylor also faces a charge of second-degree murder while El-Sayed is accused of being an accessory after the fact.
El-Sayed was to face a preliminary inquiry in July, while Taylor and Folk were set to face a similar hearing in November, but the Crown has since filed a direct indictment sending all three to trial in late September 2026.
Both Taylor and El-Sayed remain in custody.
Stevenson was last seen on Aug.
24, 2023, and following an extensive investigation police concluded he had been the victim of foul play.
After Stevenson was reported missing, officers searched a residence in the 600 block of 6th Avenue S.E. in downtown Calgary as well as a rural property on Range Road 293 in Rocky View County east of the city.
"The evidence collected led investigators to believe Christopher was murdered in August 2023," police said in a news release.
At the time Stevenson disappeared, Folk was on conditional release from a four-year prison term[5], Parole Board of Canada documents showed.
Kuntz will hand down her decision on Folk's bail bid on Sept.
19.
Alleged Stampede Park stabber could see freedom as early as Thursday as lawyer seeks his release
The Euroslide at the Calgary Stampede midway was photographed on Wednesday, July 9, 2025. A multiple stabbing occurred near the ride on the previous night.
The lawyer for a Calgary man charged with three counts of aggravated assault in connection with a Stampede grounds multiple stabbing during this year's exhibition wants to fast-track his bail bid.
Defence counsel Craig Leggatt appeared in Calgary Court of Justice on Tuesday along with Irfan Mohammadi.
Leggatt told Justice Sheri Epp the earliest the case management officer could schedule a bail hearing for Mohammadi was Sept.
12, "which is a fair period of time given he's already been in custody for about one week."
As a result, Leggatt asked if Epp would issue a judge's order that Mohammadi's bail hearing take place Thursday, an order she was reluctant to make.
Epp was concerned assigned prosecutor Kane Richards, who was not in court, might want to conduct the hearing himself as opposed to handing it off to a colleague.
As a result, the judge asked that Mohammadi's case be brought back to court Wednesday to see when the prosecution could accommodate Leggatt's client.
Mohammadi, 18, who appeared via closed-circuit TV from the Calgary Remand Centre, did not speak during the court proceedings, which were translated into Farsi for his benefit.
Leggatt indicated he had not yet been retained by the accused to represent him, but was approached by the teen's parents outside the courtroom and agreed to handle his bail application.
Mohammadi faces aggravated assault charges in connection with a July 8 incident on the Stampede midway[6].
Officers were called around 11:05 that evening to a report of a stabbing near the Euroslide attraction at the park. A man was discovered in life-threatening condition and taken to hospital. He was subsequently released in stable condition.
Soon after, an injured youth was found at 17th Avenue and Macleod Trail S.E., and a third man in medical distress was located at Erlton Street and 27th Avenue S.E., the Calgary Police Service[7] said.
Police conducted a search warrant at a residence last Tuesday and Mohammadi was arrested shortly after[8].
Man charged with murdering his ex-girlfriend in Calgary parkade still without lawyer, court told
A photo of Madisson Cobb is shown on the McInnis and Holloway Funeral Home website. She passed away July 19, 2025.
The suspect in the fatal shooting of a woman in a Calgary parkade in July remains without legal representation, court heard Tuesday.
Duty Counsel Joe Nahman appeared in Calgary Cout of Justice and asked that Devon Bradley Malik's case be ajourned to later this month for him to find a lawyer.
"He did have someone assisting him as agent, but Mr. (Jason) Wuttunee is not retained," Nahman told Justice Sandra Mah.
Nahman said he spoke to Wuttunee who indicated he had not been hired by Malik to represent him on a charge of first-degree murder.
Nahman asked that Malik's case be returned to court on Sept.
23, "at which time he will have counsel."
Malik is accused of ambushing Madisson Cobb the afternoon of July 21, in a parking garage off Macleod Trail S.W. adjacent to a commercial complex where she worked at a LASIK MD clinic.
Police said Cobb, 23, was fatally shot in the parkade.
Malik, who appeared in court via video link from the Calgary Remand Centre did not address court during the brief proceeding other than to acknowledge he could see and hear what was taking place in the courtroom.
At the time of Cobb's death, Malik was under a court order not to have contact with her or attend her place of employment.
Cobb was granted an emergency protection order after filing an affidavit in Calgary Court of King's Bench saying she feared her ex-boyfriend, who at the time of her death faced two outstanding charges of criminal harassment.
In her court documents she said she feared Malik, with whom she dated about a year before they split in January.
One of the harassment charges was laid by RCMP in Okotoks, where Cobb lives, after the deceased found what she believed was a tracking device on her car.
Malik is due back in Okotoks Court of Justice on Friday in connection with that allegation.
Suspect in death of city woman last November wishes to seek bail, he tells Calgary court
Jelisa Maschki is shown in a submitted photo dated Jan.
21, 2019.
She was found deceased on a remote pathway in northeast Calgary.
The recently arrested suspect in the death of a Calgary woman who was found critically injured along a northeast pathway last December wishes to seek bail, court heard Tuesday.
But duty counsel Telmo Dos Santos told court he has advised Nehemiah Walter John Oslund to get a lawyer before scheduling a hearing to seek his release.
Dos Santos said counsel will be able to schedule a bail hearing.
As a result, Oslund 29, adjourned his case until Friday so he can reach out to Legal Aid to appoint counsel.
Dos Santos told Justice Sheri Epp the organization will likely prioritize Oslund's case so counsel could be in place by then.
Oslund, of Cranbrook, B.C., was charged last week in the Dec.
10 death of Jelisa Maschki, who died a day after being found in critical condition by police who responded to reports a passerby had found a woman in medical distress.
Officers were called to a location on the Nose Creek Pathway near the 1100 block of 32nd Avenue N.E. around 4 a.m. on Dec.
9.
On Dec.
18, police declared Maschki's death a homicide, saying evidence indicated her injuries stemmed from an altercation along the pathway between 9 and 11 p.m. the previous evening.
Police announced last Friday Oslund had been taken into custody in Cranbrook and they were working on transporting him to Calgary.
He appeared in Calgary Court of Justice via video link from the Calgary Remand Centre.
In their news release, Calgary police indicated investigators believe Maschki and Oslund did not know each other and had a brief interaction along the pathway, which led to the incident.
"We have been working diligently since December 2024 to ensure Jelisa's family and loved ones were able to have some closure to this investigation," said Staff Sgt.
Sean Gregson of the Calgary Police Service Homicide Unit.
References
- ^ without parole for a minimum 10 years (calgaryherald.com)
- ^ on bail on six charges (ca.news.yahoo.com)
- ^ fatal crash just before last Christmas (ca.news.yahoo.com)
- ^ Calgary Police Service (calgaryherald.com)
- ^ on conditional release from a four-year prison term (calgaryherald.com)
- ^ July 8 incident on the Stampede midway (ca.news.yahoo.com)
- ^ Calgary Police Service (calgaryherald.com)
- ^ arrested shortly after (ca.news.yahoo.com)
- ^ [email protected] (ca.news.yahoo.com)
- ^ @KMartinCourts (x.com)