Mother of Reena Virk welcomes high court ruling, wants killer to admit her crime
By The Canadian Press
VICTORIA, B.C. - More than a decade after the bruised and battered body of 14-year-old Reena Virk was pulled from a suburban Victoria waterway, the country's highest court has brought an end to the legal odyssey of one of her killers. The Supreme Court of Canada on Friday restored a guilty verdict against Kelly Ellard in Virk's 1997 murder.
In an 8-1 decision, the court rejected a 2008 British Columbia Court of Appeal decision that had overturned Ellard's conviction from her third trial. Ellard, who was 15 at the time of Virk's murder and is now 26, was twice convicted, with both verdicts overturned on appeal. Another trial ended in a hung jury and a mistrial.
Suman Virk said the high court's ruling came as a relief to the family that has sat through three trials and dreaded sitting through a fourth.
"We were not looking forward to another trial. I really hope I never have to go into a law court again," Virk said. Virk, who has dedicated much of her time since her daughter's death to speaking to school children about bullying and youth violence, said Ellard's long journey toward justice has prolonged the grieving for her family.
And she said she is relieved that they will not have to hear once again the disturbing details of Reena's death.
"I just can't imagine how she could have done such a horrible, wicked act. That's what I'm left with: How could she do something like that?" she said. "I sincerely do hope that she can get some sort of mental help so at least she can come to facing what she's done because up until now, she's still in denial about taking Reena's life."
photo: Kelly Ellard
The B.C. Appeal Court threw out the jury verdict from Ellard's most recent trial in 2005, saying the trial judge didn't properly instruct the jurors on some inconsistent statements by a Crown witness. Writing for the majority of the Supreme Court, Justice Rosalie Abella said the statements in question should not have been admitted in evidence, but were essentially harmless. "These statements were of no consequence and their admission could not, in any way, be said to have had an impact on the jury's deliberations," she wrote.
While the justices all agreed the statements shouldn't have been admitted, they did not agree on the importance of those statements for the jury. Justice Morris Fish dissented, saying the testimony could have affected the verdict. In his dissenting opinion, Fish wrote that he would have ordered a fourth trial. Neil MacKenzie, spokesman for the B.C. Crown, said the high court ruling is the outcome prosecutors wanted in this tragic case.
"It's good to reach the end of what has been a long and complicated path," he said
He said there would have been challenges in proceeding with a fourth trial after almost 12 years, but the Crown was prepared to do so. Ellard has been behind bars for seven years. A spokeswoman for the Correctional Service of Canada said officials must now recalculate her parole eligibility date in light of the Supreme Court ruling, so it's unclear whether or not she is already eligible for release.
Patrick Storey, of the National Parole Board, said that date does not mean Ellard would necessarily be released. It means the offender is eligible to have a hearing before the parole board. "That decision (on parole release) would be based on whether or not she's a risk to the community," he said. Ellard's co-accused, Warren Glowatski, was convicted in 1999 of second-degree murder and sentenced to life in prison with no chance of parole for seven years. He has since been released on day parole.
Virk was 14 when she was swarmed by eight teens, beaten and later drowned under a suburban Victoria bridge on Nov. 14, 1997. Three girls pleaded guilty and three more were convicted in the beating that preceded the murder, and the crime made headlines around the world because of the violence inflicted by teenaged girls.
Jury after jury heard that Virk escaped the initial frenzy, but then suffered another beating that left her with internal injuries that were compared to being run over by a car.
She likely would have died from head trauma had she not drowned. But she was then dragged into the Gorge - a tidal waterway running through Victoria - and held under water until she stopped breathing. Rumours of Virk's murder raced through the local teen population but none contacted police.
It wasn't until eight days later that police were tipped and police divers eventually pulled her body from the water. One of the lead investigators recalled the fruitless initial search for a missing person and said the Supreme Court made the right decision. Asked about the decade-plus that the case has wound its way through the courts, Saanich Police Insp. Bob Downie said the ultimate conviction of Ellard demonstrates that the justice system works.
"While it's not a perfect system, at least we know everybody's getting a fair shake and it's objective," Downie said in a telephone interview from Saanich, where he is still on the force. "In this case, we came to the conclusion that we know is the right conclusion." He said investigators feel comforted that the Virk family can now move forward.
"We've worked fairly closely with the Virk family over the years and certainly know the pain that they've felt and the heroic way in which they've dealt with this," he said.
"For them to be able to close this chapter is a good thing, and for us to be able to put this to rest is a good thing as well." He said the case highlighted the issue of youth violence and efforts to battle violence and bullying gained a momentum that continues today.
Suman Virk turned her pain into action, and over the years has told her story to children and teens. Most recently, she and her husband, Manjit, have released a DVD about Reena's death. But most remarkably, she has been in touch with Glowatski and worked with the convicted killer as part of a restorative justice program. "It helped us to get closure with his part in Reena's murder," she said.
She said her religious beliefs - she and husband Manjit are Jehovah's Witnesses - have taught her to seek and offer forgiveness. Downie said the strength of the Virk family has stuck with investigators. "I'm not sure how many people would be able to step up and to deal with this in the way that they've done and try to make so much good out of the tragedy that's come into their life."
------
I say let her rot in prison. During the period of time when Ellard was released due to the appeals process, she has shown herself to be less than a model citizen. In 2004, she assaulted a 58 year old vancouver woman. She also has bragged about having gang ties. She has shown no remorse whatsoever, and has not accepted any responsibility.
By The Canadian Press
VICTORIA, B.C. - More than a decade after the bruised and battered body of 14-year-old Reena Virk was pulled from a suburban Victoria waterway, the country's highest court has brought an end to the legal odyssey of one of her killers. The Supreme Court of Canada on Friday restored a guilty verdict against Kelly Ellard in Virk's 1997 murder.
In an 8-1 decision, the court rejected a 2008 British Columbia Court of Appeal decision that had overturned Ellard's conviction from her third trial. Ellard, who was 15 at the time of Virk's murder and is now 26, was twice convicted, with both verdicts overturned on appeal. Another trial ended in a hung jury and a mistrial.
Suman Virk said the high court's ruling came as a relief to the family that has sat through three trials and dreaded sitting through a fourth.
"We were not looking forward to another trial. I really hope I never have to go into a law court again," Virk said. Virk, who has dedicated much of her time since her daughter's death to speaking to school children about bullying and youth violence, said Ellard's long journey toward justice has prolonged the grieving for her family.
And she said she is relieved that they will not have to hear once again the disturbing details of Reena's death.
"I just can't imagine how she could have done such a horrible, wicked act. That's what I'm left with: How could she do something like that?" she said. "I sincerely do hope that she can get some sort of mental help so at least she can come to facing what she's done because up until now, she's still in denial about taking Reena's life."
photo: Kelly Ellard
The B.C. Appeal Court threw out the jury verdict from Ellard's most recent trial in 2005, saying the trial judge didn't properly instruct the jurors on some inconsistent statements by a Crown witness. Writing for the majority of the Supreme Court, Justice Rosalie Abella said the statements in question should not have been admitted in evidence, but were essentially harmless. "These statements were of no consequence and their admission could not, in any way, be said to have had an impact on the jury's deliberations," she wrote.
While the justices all agreed the statements shouldn't have been admitted, they did not agree on the importance of those statements for the jury. Justice Morris Fish dissented, saying the testimony could have affected the verdict. In his dissenting opinion, Fish wrote that he would have ordered a fourth trial. Neil MacKenzie, spokesman for the B.C. Crown, said the high court ruling is the outcome prosecutors wanted in this tragic case.
"It's good to reach the end of what has been a long and complicated path," he said
He said there would have been challenges in proceeding with a fourth trial after almost 12 years, but the Crown was prepared to do so. Ellard has been behind bars for seven years. A spokeswoman for the Correctional Service of Canada said officials must now recalculate her parole eligibility date in light of the Supreme Court ruling, so it's unclear whether or not she is already eligible for release.
Patrick Storey, of the National Parole Board, said that date does not mean Ellard would necessarily be released. It means the offender is eligible to have a hearing before the parole board. "That decision (on parole release) would be based on whether or not she's a risk to the community," he said. Ellard's co-accused, Warren Glowatski, was convicted in 1999 of second-degree murder and sentenced to life in prison with no chance of parole for seven years. He has since been released on day parole.
Virk was 14 when she was swarmed by eight teens, beaten and later drowned under a suburban Victoria bridge on Nov. 14, 1997. Three girls pleaded guilty and three more were convicted in the beating that preceded the murder, and the crime made headlines around the world because of the violence inflicted by teenaged girls.
Jury after jury heard that Virk escaped the initial frenzy, but then suffered another beating that left her with internal injuries that were compared to being run over by a car.
She likely would have died from head trauma had she not drowned. But she was then dragged into the Gorge - a tidal waterway running through Victoria - and held under water until she stopped breathing. Rumours of Virk's murder raced through the local teen population but none contacted police.
It wasn't until eight days later that police were tipped and police divers eventually pulled her body from the water. One of the lead investigators recalled the fruitless initial search for a missing person and said the Supreme Court made the right decision. Asked about the decade-plus that the case has wound its way through the courts, Saanich Police Insp. Bob Downie said the ultimate conviction of Ellard demonstrates that the justice system works.
"While it's not a perfect system, at least we know everybody's getting a fair shake and it's objective," Downie said in a telephone interview from Saanich, where he is still on the force. "In this case, we came to the conclusion that we know is the right conclusion." He said investigators feel comforted that the Virk family can now move forward.
"We've worked fairly closely with the Virk family over the years and certainly know the pain that they've felt and the heroic way in which they've dealt with this," he said.
"For them to be able to close this chapter is a good thing, and for us to be able to put this to rest is a good thing as well." He said the case highlighted the issue of youth violence and efforts to battle violence and bullying gained a momentum that continues today.
Suman Virk turned her pain into action, and over the years has told her story to children and teens. Most recently, she and her husband, Manjit, have released a DVD about Reena's death. But most remarkably, she has been in touch with Glowatski and worked with the convicted killer as part of a restorative justice program. "It helped us to get closure with his part in Reena's murder," she said.
She said her religious beliefs - she and husband Manjit are Jehovah's Witnesses - have taught her to seek and offer forgiveness. Downie said the strength of the Virk family has stuck with investigators. "I'm not sure how many people would be able to step up and to deal with this in the way that they've done and try to make so much good out of the tragedy that's come into their life."
------
I say let her rot in prison. During the period of time when Ellard was released due to the appeals process, she has shown herself to be less than a model citizen. In 2004, she assaulted a 58 year old vancouver woman. She also has bragged about having gang ties. She has shown no remorse whatsoever, and has not accepted any responsibility.
Last edited by HurtinAlbertan on Fri Jun 12, 2009 6:55 pm; edited 1 time in total
