Crown will not appeal court's dismissal of high-risk offender designation for Allan Schoenborn
Schoenborn killed his three children in 2008 but was found not criminally responsible
The B.C. Prosecution Service (BCPS) has announced it will not file an appeal of a B.C. Supreme Court decision that dismissed the application to have Allan Dwayne Schoenborn designated a high-risk accused (HRA).
After a thorough review of the court's reasons, the BCPS says it has concluded there is no likelihood that it would succeed in an appeal of the decision.
"The status is now that we plan to continue to appear at the annual B.C. Review Board hearings and advocate on behalf of the public interest," said Daniel McLaughlin, BCPS communications counsel.
2008 killings
Nine years ago, Schoenborn killed his three young children.
It was first degree murder but a judge found him not criminally responsible on account of a mental disorder.
Schoenborn has been in custody in the Forensic Psychiatric Hospital in Port Coquitlam, B.C., ever since.
In 2015, he was granted escorted access to the community at the discretion of the hospital director.
The BCPS filed an application to have him declared a high-risk accused.
In August, after 46 days of hearings over 16 months, the B.C. Supreme Court ruled Schoenborn doesn't meet the criteria of that designation.
The judge said the killings were brutal but were committed because of the Schoenborn's delusional state.
Family dreaded decision
It was a decision the murdered children's mother, Darcie Clark, and her family had been dreading.
They encouraged Crown Counsel to file an appeal.
"I, nor my family and representatives, will be commenting further on the question of the appeal," said Clark in a written statement issued after the BCPS announcement that it would not appeal.
"Instead, we are preparing to block Allan's request for additional freedoms at this upcoming B.C. Review board hearing.
"That is where we are focusing our energies — not on what we can't do but on what we can do."
Hearing next month
Schoenborn's current B.C. Review Board hearing commenced in the spring.
It is scheduled to continue in November.
While the board authorized escorted absences in May 2015, to-date Schoenborn has not been granted any outings by the hospital director.
His status as "not criminally responsible" is subject to a yearly review by the board to determine whether he should continue to be detained in the hospital.