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Prosecutors able to challenge Ellard's overturned conviction

Crown prosecutors in the case against Kelly Ellard were given the go-ahead yesterday to appeal the convicted killer’s overturned murder conviction.

Crown prosecutors in the case against Kelly Ellard were given the go-ahead yesterday to appeal the convicted killer’s overturned murder conviction.

Ellard, 25, was convicted of second-degree murder in 2005, in the swarming death of Victoria teenager Reena Virk.

It was her third trial — the first being overturned on appeal in 2000, and the second ending in a hung jury in 2004.

In September, Ellard’s lawyer won an appeal to overturn the murder conviction, paving the way for a possible fourth trial.

Yesterday, the Supreme Court of Canada ruled that the prosecution would be allowed to ask the court to uphold Ellard’s 2005 murder conviction, quashing the defence’s attempt to block the appeal.

 
 
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