By paNOW Staff

UPDATE: Second appeal filed in murder-conspiracy case

Sep 16, 2016 | 10:36 AM

The Saskatchewan Court of Appeal has confirmed a man who planned to kill his wife will appeal his conviction.

Curtis Vey was sentenced earlier this month to three years in prison for the crime. 

The co-accused Angela Nicholson is also appealing her conviction. The appeal, filed by her lawyer, says the presiding judge failed to properly explain to jurors what is necessary to be convicted of conspiracy. Specifically there was failure to prove beyond a reasonable doubt Nicholson would have followed through with the plan.

Both cases are expected to be heard sometime next year, but the exact dates have not been confirmed. 

Vey’s lawyer, Aaron Fox, believes there were errors made early in trial during the judge’s instruction to the jury. 

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“Specifically, there were a couple of hypotheticals he put to the jury which we don’t think properly convey the elements of conspiracy. It’s a complicated area of the law but we think those were errors,” Fox said.

He said the trial judge erred in further instruction about whether an aquittal or conviction was applicable to both parties or just one. Fox added a juror brought forward some concerns during the trial, but an inquiry was never made. 

“In our view, the inquiry should have been made to determine if in fact a miscarriage of justice had occurred,” he said.

Fox said he has prepared the paperwork to file for Vey’s release during the appeal process.

Vey and Nicholson were heard on tape plotting to kill their spouses. The court heard Vey specifically plan to drug his wife and burn his house down with her inside it.  

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Editor’s Note: This story was updated at 1:30 p.m., Sept. 16, 2016 to include quotes from Curtis Vey’s lawyer Aaron Fox.