PICTOU – Christopher Alexander Falconer is going to the highest court of appeal in hopes of having his first degree murder conviction overturned.
Falconer was found guilty in January 2014 in the death of 19-year-old Amber Kirwan.
Falconer, 33, had his lawyer represent him at a Nova Scotia Court of Appeal hearing in November, requesting a retrial on the grounds that an error was made on the part of the trial judge in his instructions to the jury and that they did not understand what evidence was to be accepted as fact.
The decision was stayed and now Falconer has filed a leave to appeal to the Supreme Court of Canada.
Chris Hansen, director of Communications with Nova Scotia Public Prosecution Services says, “(Falconer) asked the Supreme Court of Canada to hear the appeal; it isn’t automatic.” He added, “The court could refuse.”
It could be weeks or months before a decision is made.