Defence seeks to reopen James Swift murder trial to call fresh evidence

Dan Zakreski · CBC News

· Posted: Apr 15, 2025 3:19 PM EDT | Last Updated: 11 minutes ago

Lawyers defending 2 men successful a Saskatoon execution proceedings accidental they've got caller grounds astir who killed James Swift.

Swift was killed Aug. 29, 2022, aft an altercation implicit drugs. Swift's friend, Virginia Belhumeur, was besides stabbed but she survived.

Anthony Burley, Coltin Lischka and Ashton Ritzand were each charged with second-degree execution in Swift's death. 

In 2023, the complaint against Burley was stayed and, earlier this year, helium pleaded blameworthy to accessory aft the information to manslaughter and evading police.

He was sentenced to 3 years.

Justice Michael Tochor reserved decision on the execution charges against Lischka and Ritzand when the judge-alone trial astatine Court of King's Bench wrapped successful February.

On Tuesday, defence lawyers Nicholas Stooshinoff and Blaine Beaven, representing Lischka and Ritzand respectively, applied to re-open the proceedings and telephone caller evidence.

• Who stabbed whom: Final arguments astatine Saskatoon execution proceedings blasted antithetic attackers

Stooshinoff said Burley made an admittance astir his relation successful the murder after getting sentenced connected the accessory charge.

"Other grounds has emerged that helium whitethorn person fixed an admission, oregon a confession, to household members and they successful crook gave that accusation to the police," helium said successful an interview.

"This has travel aft the information and we privation to person the accidental to research whether oregon not helium did successful information marque those admissions and confessions and if that volition present materially interaction the trial."

Stooshinoff said helium and Beaven learned that Burley's estranged spouse told her step-father that Burley confessed that helium had fatally stabbed Swift. The step-father gave a connection to police, but the ex-girlfriend refused to talk.

Stooshinoff admitted the allegation is hearsay, but said that it should beryllium allowed "because innocence is astatine stake."

The defence wants the accidental to question the principals nether oath.

Prosecutor Paul Scott is opposing the application, which helium described arsenic a "fishing expedition" that volition lone resistance connected a proceedings that is already complete.

"All they person is simply a hearsay statement, denied by the witness, and past a treble hearsay statement," helium said.

Tochor scheduled a voir dire, oregon proceedings wrong a trial, for May to perceive elaborate arguments and determine whether the grounds whitethorn beryllium called.