Crown seeks new trial for Pickton

The Crown is asking the B.C. Court of Appeal to order a new trial for convicted murderer Robert William Pickton on 26 counts of first-degree murder.

The prosecution submitted documents to the court Monday, outlining reasons for an appeal, B.C. Attorney General Wally Oppal said.

The Crown contended that B.C. Supreme Court Justice James Williams, who presided over the Pickton trial that began in January 2007, made numerous errors, Oppal said.

"The trial judge made an error in defining first-degree murder and also in directing the jury on planning and deliberation, as well as excluding certain evidence that ought to have been admitted," Oppal said.

The jury acquitted Pickton last month on six counts of first-degree murder but found him guilty instead of second-degree murder on those counts.

Pickton, a former Port Coquitlam pig farmer, was charged with 26 first-degree murder counts, but Williams divided them into two separate proceedings, with only six of the counts being tried last year. A trial on the remaining 20 counts was planned for this year.

Oppal said he expects Pickton's defence lawyers to file notice to appeal the convictions before the deadline Thursday.

If the defence appeals on its own, it could mean a new trial would only be on second-degree murder charges, Oppal said.

The Crown's appeal leaves open the possibility that Pickton would be tried again on charges of first-degree murder, he said.

Crown's appeal a 'protective measure': Oppal

"We think this is a proper case for first-degree murder and that's the reason the lawyers in the Criminal Justice Branch, as sort of a defensive, protective measure, are filing the notice of appeal."

The notice of appeal filed by the Crown is called a "Crown appeal against acquittal" even though Pickton was found guilty on six counts of second-degree murder. The Crown will argue that Pickton should not have been acquitted by the jury on six counts of first-degree murder.

"We have always been of the view that there was planning and deliberation," Oppal said. "So if the matter is going to go to the Court of Appeal, our lawyers would argue that the planning and deliberations have been proved and there should have been convictions for first-degree murder."

One of Pickton's former defence lawyers has told CBC News he expects the defence appeal will be handled by Vancouver lawyer Gil McKinnon.

The veteran criminal lawyer once defended Vancouver's John Robin Sharpe on charges of possession of child pornography. McKinnon's office said he had no comment.