The Manitoba Court of Appeal said that Jeff Cansanay must go through a second trial for the 2005 murder of Phil Haiart — but for a time after this was announced he was nowhere to be found.
Winnipeg Police issued a Manitoba-wide warrant Saturday afternoon for Cansanay, 23, a day after the Appeal Court ruled that he must stand trial again.
"He had made arrangements to turn himself in but he did not follow through," Winnipeg Police spokeswoman Jacqueline Chaput said.
But Saturday afternoon Cansanay turned himself in to the authorities, sources say.
Cansanay is facing charges of second-degree murder for the shooting death in October 2005 of Phil Haiart. Cansanay is also facing three counts of attempted murder and three counts of discharging a weapon.
Cansanay walked free on a murder charge two years ago after two key Crown witnesses refused to testify against him. The Appeal Court ruled Friday that the judge in Cansanay’s April 2007 trial made a "fundamental error" when he did not allow the jury to hear the videotaped statements given to police by the two witnesses.
Another judge had no problem with allowing a jury to hear the videotaped statements in the trial a few weeks later of Cansanay’s co-accused, Corey Spence, who was convicted and sentenced to life with no chance of parole for at least seven years.
Defence lawyer Greg Brodsky said Cansanay was probably caught by surprise by the Appeal Court’s ruling Friday.
"Normally you get a warning but (Cansanay) didn’t get a warning that the ruling was coming down," Brodsky said. "He’s just scared."
Brodsky declined to say when he last spoke to him, adding that Cansanay has been working.
Brodsky had said he expected Cansanay would turn himself in as soon as he got over the shock of knowing he would be tried again.
— with staff files