Murder conviction appeal

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James Bajkor’s killers are appealing their convictions and sentences. Bajkor had been in the path of a stray bullet, an accidental victim during the daylight hours of a holiday Monday.

Lawyer Christopher Hicks says his client should get a new trial. He now represents Shaquille Collins, who was convicted of first degree murder in the death of James Bajkor. Bajkor had been working in his backyard when killed by a stray bullet. Collins was shooting at another victim at the time, that man was also hit, but he recovered. During sentencing, the judge noted it was lucky no one else was killed, the gun was fired several times on a residential street on a sunny Victoria day

But it was what Justice Jane Milanetti said to the jury before they deliberated that has lawyers now arguing for a new trial.

“She just turned the jury loose on the evidence and the law without any guidance as to how to marry them so they can reach a rational decision. The jury spent two and a half days deliberating and I think they really struggled with a lot of the material before them.” Christopher Hicks, lawyer.

After the defence presented arguments the appeal judges said they did want to hear counter arguments from the crown. They said they were very concerned with how the trial judge presented evidence to the jury. They said it was as if Milanetti took the jury through her notes, item by item, instead of helping them understand the arguments.

The lawyer for the crown acknowledged she had her work cut out for her, but argued that the jury likely did understand the arguments presented during trial. The judges’ decision is expected within a few months.