Curtis Vey and Angela Nicholson (file photo/paNOW Staff)

By Charlene Tebbutt

Lovers' Plot

Lawyers raise issues with recorded evidence in murder conspiracy case

Apr 11, 2019 | 4:38 PM

A pair of lovers charged with conspiring to kill their spouses in 2013 were back in court in Prince Albert this week for a hearing to determine the admissibility of a key piece of evidence in the case ahead of a retrial next month.

Angela Nicholson and Curtis Vey are both charged with conspiracy to commit murder. This week, a hearing was held at Prince Albert Court of Queen’s Bench to hear witness testimony about an iPod recording Brigitte Vey made of a conversation between her husband and Nicholson.

The case is set to come back to court in Saskatoon on April 30 for further argument about whether the iPod recording is admissible.

Lawyers for Nicholson and Vey argue the recording was obtained unlawfully and are seeking to have it thrown out. Ron Piche, who is representing Nicholson in the case, said they brought forward the application to have the evidence thrown out in light of recent cases out of the Supreme Court of Canada that have “broadened the scope of what is seizure and what is a privacy interest.”

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“We’re taking the position that the audio recording was seized without a warrant, and essentially at the direction of the police,” Piche said. “I think the evidence very much supports our application.”

Aaron Fox is representing Vey in the case.

“If the ruling is to exclude the evidence, the Crown will have to decide whether they still want to go ahead or not,” Fox explained.

Nicholson and Vey were convicted of the conspiracy charges after a two-week trial in Prince Albert in 2016, but the conviction and subsequent three-year jail sentence were overturned following an appeal.

Piche said Nicholson is eager to see the case to come to an end. He said Nicholson remains hopeful she will be acquitted.

“There’s reason for some optimism with respect to the application,” Piche added.

The retrial is currently scheduled to start May 21 at Prince Albert Court of Queen’s Bench.

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Charlene.tebbutt@jpbg.ca

On Twitter: @CharleneTebbutt