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By The Canadian Press

New murder trial ordered against Calgary gang leader

Mar 5, 2019 | 11:13 AM

CALGARY – Alberta’s Court of Appeal has ordered a new murder trial against an accused gang leader whose case was tossed out because it took nearly five years to get to trial.

The court says Nicholas Chan of Calgary is to turn himself in, or a warrant will be issued for his arrest.

Chan was charged in 2013 with first-degree murder in the 2008 death of Kevin Anaya in what police described as a shooting between rival gangs.

Chan also faced charges of conspiracy to commit another murder and of directing others to commit murder for the benefit of a criminal organization.

A Court of Queen’s Bench judge stayed the charges last year due to a Supreme Court ruling called the Jordan decision that limits the length of legal proceedings

The Appeal Court, in granting the Crown’s appeal, ruled the delay past the high court’s marker of 30 months was justified because it was a complex case.

by The Canadian Press