B.C. Court of Appeal in Vancouver. (Photo: Tom Zytaruk)

Convicted murderer loses appeal in Surrey crack shack beating case

David Mitchell, 25, was beaten with an aluminum baseball bat in a Whalley crack shack in 2006

A man convicted of second-degree murder in the savage beating of David Mitchell with an aluminum baseball bat in a Whalley crack shack in 2006 has lost an appeal of his conviction.

Mitchell, 25, was attacked inside a house in the 11000-block of Ravine Road in Whalley on Oct, 25th of that year and died two days later in hospital from blunt force head injuries.

Khalid Damien Arnaout was convicted by a jury in B.C. Supreme Court in New Westminster and appealed his conviction on the grounds that the trial judge, Justice Arne Silverman, failed to adequately instruct the jury on issues of identity and intent.

READ ALSO: Man whose sister-in-law used broom to keep him away loses appeal of sex assault sentence

READ ALSO: Violent crime in Surrey sees four per cent increase

But Justice Daphne Smith, of the Court of Appeal for British Columbia, dismissed Arnaout’s appeal with Justices Mary Newbury and David Harris concurring.

“I find no error of law in the extent of the judge’s review of the evidence with the jury on the issue of the assailant’s identity,” Smith said in her Aug. 2nd reasons for judgment.

“I find no error of law in the extent to which the judge reviewed the evidence for the jury on the issue of intent.”



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

Just Posted

Delta council votes to eliminate controversial end-of-service benefit

Three current councillors who served on the previous council will still receive lump-sum payouts

New Surrey councillor is a newer dad

Mandeep Nagra’s son Kabar was born at Surrey Memorial Hospital, four days after the civic election

Tip from resident helps Delta police stop break-and-enter in progress

Two men were arrested allegedly in possession of various stolen items and break-and-enter tools

Over-budget bids cause delay of four Surrey school projects

Two projects have gone back out to tender, two awaiting ‘revised budget approval’ from Ministry of Education

VIDEO: B.C. legislature clerk, sergeant at arms suspended for criminal investigation

Clerk of the House Craig James, Sergeant-at-arms Gary Lenz on administrative leave

5 to start your day

Police try to thwart retaliation after Hells Angels member killed, criminal investigation at B.C. legislature and more

B.C. police watchdog calls for investigation into police board spending on former Victoria police chief

Police Complaint Commissioner says accountable and transparent review is in public interest

South Korean named Interpol president in blow to Russia

South Korea’s Kim Jong Yang was elected as Interpol’s president edging out a longtime veteran of Russia’s security services.

E. coli outbreak linked to romaine lettuce sickens 18 people in Ontario, Quebec

The Canadian Food Inspection Agency says it’s working with U.S. authorities to determine the source of the romaine lettuce those who got ill were exposed to.

Trump defies calls to punish crown prince for writer’s death

The U.S. earlier sanctioned 17 Saudi officials suspected of being responsible for or complicit in the Oct. 2 killing, but members of Congress have called for harsher actions, including cancelling arms sales.

British, EU leaders to meet as Brexit deadline looms

The U.K. and the European Union agreed last week on a 585-page document sealing the terms of Britain’s departure.

Richard Oland was killed ‘in a rage,’ prosecutor tells son’s murder trial

The verdict from Oland’s 2015 murder trial was set aside on appeal in 2016. Richard Oland, 69, was found dead in his Saint John office on July 7, 2011.

B.C.’s HMCS Edmonton rescues two more sea turtles

Warship credited with a turtle rescue earlier in November

Most Read