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Ellard conviction overturned in killing of Reena Virk, 4th trial granted
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by Tina Kells | September 5, 2008 at 01:41 pm
2880 views | 2 Recommendations | 11 comments
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In what must feel like a nightmare without end for Reena Virk's famliy, convicted murderer Kelly Ellard has been granted another new trial. Ellard has been found guilty in all three of her previous trials, by three different juries, with overwhelming evidence of guilt presented in every trial. In what can only be described as an outrageous miscarriage of justice the Virk family will once again be subjected to Ellard's complete lack of remorse and self-serving attitude.
The court said the trial judge erred in his instructions to the jury over the testimony by Marissa Bowles, who witnessed the initial swarming. Bowles testified that she saw Virk walk across a bridge, followed a short time later by Ellard and Warren Glowatski, who was convicted of second-degree murder in Virk's death.
"The jury should have been told specifically that Ms. Bowles's prior consistent statements did not enhance the reliability of her testimony and, further, that those statements could not diminish any concerns the jury might have regarding the effect of external influences on her evidence," said Justice S. David Frankel, who wrote the decision on behalf of the court.
"In the absence of such instructions, one or more of the jurors may have erroneously treated Bowles's prior consistent testimony with respect to Ms. Virk as a positive factor in deciding to accept her evidence that Ms. Ellard also crossed the bridge," he wrote.
"I would allow this appeal, set aside the conviction, and order a new trial."
In 1997, Rena Virk's badly beaten body was found drowned in shallow water under a bridge in Victoria, British Columbia. Her brutal murder made headlines across Canada and the United States as a shocking example of the increasing brutality of youth violence.
Virk was reportedly swarmed by a large group of teens, mostly girls, and beaten with fists, a brick, and rocks. Badly injured, Virk managed to cross a bridge toward the relative safety of a bus stop when she was intercepted by Ellard and another youth, Warren Glowatski. She was dragged back under the bridge where she was beaten again, burned with cigarettes and drowned.
Glowatski has since made peace with Virk's family, accepting moral and criminal responsibility for his behaviour, but Ellard has remained steadfastly without remorse. Six other young offenders were convicted of assault in the case, that stunned a community and devestated Virk's family a decade ago.
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Tina Kells
Vancouver, Canada
Most RecentMost Recommended Comments (11)
at 14:08 on September 5th, 2008
Unbelievable...
at 14:17 on September 5th, 2008
oh, believe it
at 14:20 on September 5th, 2008
I don't understand this. How can this keep happening? It's really sick - imagine if that kept happening to your family? You'd have lost your mind by now.
at 14:27 on September 5th, 2008
Tina Kells, I like this story. It's good stuff.
Surreal ... something like Kafka ...
at 14:28 on September 5th, 2008
Last I heard, teenagers were still defacing Reena's memorial at a park in Esquimalt. Also unbelievable...can't imagine what her family went through when that happened, and now these judicial shenanigans, yet again.
at 14:33 on September 5th, 2008
Why though? What is the point of that? Leave the poor girl alone...
at 14:35 on September 5th, 2008
I have to admit, this one really gets to me. Hence the reason I had to post it as an opinion. Obviously, this one is hard for any mother to remain objective about. *sigh*
at 21:09 on January 13th, 2009
What happened to the videos?
at 06:07 on May 26th, 2009
I'm finishing up this book and I've never had a book effect me so. To think that individuals let alone children could be so mean and deceptive to treat another human being in the manner that was inflicted upon Reena Virk. I believe the statements from Warren about Kelly Ellard's involvement and seven years isn't long enough especially hearing that she still has no remorse for this horrific deed. Josephine Bell, wherever you are... I hope you can't sleep at night. I hope that you're reminded everyday in some small manner what you began and how it ended. For the others who participated may you pray for mercy and God give you peace. If you have children, IF you're strong enough to have them, I pray that you bring them up believing that God doesn't discrimenate and neither should they. Be dilligent in raising them with discipline but love them unconditionally. Mr & Mrs Virk, bless you both for being such forgiving souls.
Ms. Godfrey, thank you for writing this book.
at 21:38 on May 31st, 2009
Seriously, I say let her go.
And let me know where.
Also, Id like to see how well Warren can do against 6'3", 220 pds of just-bring-it.
Cowards always run in packs thats why Lone Wolves like me will always have business.
at 20:48 on July 26th, 2009
I think that the girls in this story (excluding the Ellard girl) know if they get recognized they are going to take sh*t that's why their names, except for Warren, Kelly, and Syreeta's names are all changed in the book, and in the court records they are only talked about by initials ... I also think Syreeta was very brave in the face of peer pressure, and this probably still affects her everyday, but you gotta do what is right and at 14 its hard to go against your friends..
i think it is sick that kids could have enough anger and hatred at 14 yrs old to murder a girl who only wanted to be their friend and fit in!!! I am so sorry to the family, and the families of the mean teenagers, but for the parents of the teenagers, im only sorry because you have to live the rest of your lives with knowing you did nothing while your children bullied kids and then it got took to the Reena extreme..... the parents are to blame too, when you are so uninvolved in your childrens lives.... especially Josephine Bell or shall I say (Nicole Cook)'s family (thats her real name!)