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BC Supreme Court Justice Gill has heard the Attorney General, Criminal Justice Branch's motion to dismiss a Petition filed by the family of homicide victim Tammy Lynn Murray and is expected to render her decision on Monday, November 17, 2008.
Ms. Murray was brutally slain on September 19, 2007 by her domestic partner, Aaron Hickey, 19, who stabbed her dozens of times. Hickey was immediately charged with murder and made numerous court appearances over the next eight months. As Hickey's preliminary hearing was about to commence, Ms. Murray's family learned that Crown Counsel had concluded a plea agreement with Hickey's defence counsel that would enable him to plead guilty to manslaughter instead of murder. The family had not been consulted about the possibility of a plea to the lesser offence and was outraged when they learned of it. They demanded an explanation and were told by Crown Counsel that Ms. Murray's employment as an escort was a factor in the Crown's decision to make the deal.
Michael McLeod filed a Petition in BC Supreme Court on October 7, 2008 and served Crown Counsel with the documents. On October 14, 2008, Hickey pleaded guilty to manslaughter and his sentencing hearing was put over to January, 2009.
An Amended Petition was filed on November 5, 2008: upload
At today's hearing, two lawyers representing the Ministry of Attorney General, Criminal Justice Branch applied to have the Amended Petition summarily dismissed on the basis that it discloses no reasonable claim, that it is unnecessary, scandalous, frivolous or vexatious and that it is an abuse of the process of the court.
