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A Surrey man found guilty of beheading his roommate and desecrating his body in 2008 has lost an appeal of his second-degree murder conviction.
Ernest Allan Hosack was sentenced in 2018 to life in prison with no eligibility for parole for 15 years for the murder of Richard Falardeau, 54.
He appealed his conviction based on the admissibility of a statement he made to police and claimed Justice Terry Schultes erred by finding him not criminally responsible by reason of mental disorder and by failing to stay the case on grounds of 含羞草研究社渦nreasonable delay.含羞草研究社�
The Court of Appeal for British Columbia dismissed his appeal.
含羞草研究社淚n my view, the judge made none of the alleged errors,含羞草研究社� Justice Gail Dickson said in her 9, with Justices David Franklin Tysoe and Lauri Ann Fenlon concurring. 含羞草研究社淗e interpreted the evidence reasonably and drew available inferences that supported his admissibility ruling and his conclusion that Mr. Hosack was guilty of second-degree murder. Nor did the judge err by failing to find Mr. Hosack not criminally responsible given the inconclusive nature of the salient evidence or by failing to stay the proceedings for unreasonable delay.含羞草研究社�
Richard Falardeau, 54, had invited Hosack to share an attic apartment he含羞草研究社檇 been renting at 14358 88th Ave. in 2008. After Falardeau went missing, his brother filed a report with the Surrey RCMP Missing Persons Unit. Encountering clouds of flies in the August heat, police found Falardeau含羞草研究社檚 headless torso stuffed inside a suitcase in a closet. His thumbs, anus, scrotum and testes were found in plastic bags in the refrigerator freezer. His skull, with some hair and part of the spine still attached, was found three months later, in marshy tall grass in a hollow off a pathway along the Hydro right-of-way, near 92nd Avenue and King George Boulevard.
During the trial - held in New Westminster and Vancouver in 2012-13 - Crown prosecutor Christopher McPherson said that when the police asked Hosack where he put Falardeau含羞草研究社檚 head, an 含羞草研究社渆ntity含羞草研究社� purporting to be his long-dead grandfather replied, 含羞草研究社淚n the Y next to the Z. Next to Zion. You don含羞草研究社檛 want to go.含羞草研究社�
McPherson argued at trial that Hosack murdered Falardeau to punish him for 含羞草研究社渕essing含羞草研究社� with his designs. The prosecutor noted that during a 12-hour police interview 含羞草研究社渃hock-a-block含羞草研究社� full of delusions, Hosack spoke of nuclear cutting wire, more efficient ways to wage war, light-speed engines and other stuff he含羞草研究社檇 designed. During his interview with police, Hosack said Falardeau had belittled him about his designs, laughed at him, and threw his plans and binders out. Falardeau fell into darkness, he said, 含羞草研究社渂ecause he was looking at something that wasn含羞草研究社檛 his to behold.含羞草研究社�
Toward the end of his interview with police, the court heard, Hosack spoke of 含羞草研究社淭he Entity.含羞草研究社� A voice claiming to be that of his dead grandpa said Falardeau died 含羞草研究社渇aster than he ever thought possible含羞草研究社� and that his grandson saw him 含羞草研究社渟nap his head like a twig.含羞草研究社�
The voice told police he 含羞草研究社渁ppropriated含羞草研究社� Falardeau含羞草研究社檚 soul and then 含羞草研究社渟cattered含羞草研究社� it. 含羞草研究社淵ou would call it murder,含羞草研究社� the voice said.
tom.zytaruk@surreynowleader.com
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