Kelowna judge rules evidence permitted at two separate murder trials

KELOWNA – Two men charged with murdering rival gang members had their request to have some evidence thrown out denied in Kelowna Supreme Court today.

Cory Vallee is charged with first degree murder of rival gang member Kevin LeClair in 2009. Jason McBride is charged with the first degree murder of LeClair’s friend Jonathan Bacon two years later.

Vallee is currently being tried in Vancouver and asked B.C. Supreme Court Justice Janice Dillon to rule as inadmissible evidence recovered from a third man’s Blackberry cell phone and sim card. Their lawyers say there was not enough reason for a search warrant to be issued.

Justice Dillon ordered that Justice Alan Betton, who will preside over McBride’s trial in Kelowna, must decide if the warrant violated their rights.

On Thursday, March 2 Betton said the judge's decision to grant the warrant was "more than speculation" and denied the application.

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