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Court

New trial ordered in Grande Prairie murder case

Mar 15, 2023 | 6:00 AM

The Court of Appeal of Alberta has ordered a re-trial in a 2014 Grande Prairie murder case.

Nicholas Richard Harris of Edmonton was given a life sentence with no chance of parole for 25 years after being convicted of first-degree murder in June of 2019.

He was charged after the October 2014 shooting death of John William Rock also of Edmonton outside the Canadian Brewhouse location in Grande Prairie. The two had been in a dispute over drug money Harris owed to Rock.

At the trial, Justice EJ Simpson ruled the killing was planned and deliberate and rejected a self-defence argument.

The Court of Appeal ruled that the parties at the trial were concentrating on the self-defence claim and the first-degree murder charge so much, that lesser charges of second-degree murder and manslaughter were not considered.

The Court of Appeal says it agreed with Harris’ counsel that the trial transcripts show “the trial judge did receive much help in this regard” and because the parties focused on the charge and self-defence claim, so did the judge.

The ruling also says the trial judge did not properly consider the evidence related to self defence outside of the defence itself and in determining if there was the required intent for a murder conviction.

Harris had admitted shooting Rock at his trial but claimed self-defence.

The ruling from the appeal court says the facts of the case are not in dispute. Harris believed Rock was holding two associates hostage and brought along other associates and a gun when he went to confront Rock.

They met at the bar, eventually making their way outside where Harris shot Rock once in the leg and once in the chest after Rock had attacked him and punched him in the head.

The appeal was heard on November 4, 2022, and the ruling came out on Tuesday.

A future court date has not been set.