A Surrey man found guilty of second-degree murder for shooting another man in the back at a townhouse in Newton has lost an appeal of his conviction.
A B.C. Supreme Court jury found Raminder Singh Bhander, 30, guilty of second-degree murder for the Jan. 28, 2008 shooting of Tevjir Singh Bains, 24. He had originally been charged with first-degree murder.
Tevjir, also known as Sunny Bains, was gunned down in Unit 1 of the Kwantlen Village townhouses at 12585-72nd Ave., where he lived.
The court heard the tragic events began with a chance encounter between the two men and the victim's girlfriend at a restaurant in Surrey, which led to a fight. After the dust settled, Bhander received an angry voicemail message that spurred him to head to Bains' home with a loaded gun.
The court heard that when Bhander approached the door, Bains came down the stairs toward him, gripping a sword.
Bhander fired the gun repeatedly, hitting Bains four times - twice in the back. Bains died at the scene.
Bhander was arrested in Vancouver, during a traffic stop. He claimed the shooting was in self-defence but the jury didn't buy it.
Bains' girlfriend testified that Bains had raised a sword towards Bhander when Bhander shot him. But in his statement to police, Bhander didn't mention the sword and told the investigators Bains had been running away when he was shot.
Bhander's appeal concerned the admissibility of his confession to police.
During the trial, his lawyer argued that police infringed on Bhander's Charter rights by refusing to let him speak for a second time with his lawyer when he asked to. Bhander also claimed the police infringed on his rights by refusing to let his lawyer contact him and by holding him in lockup after his remand order expired.
But Justice Gail Dickson, who presided over the murder trial, ruled that Bhander's rights had not been infringed on and that his statement was admissible.
Justice Mary Saunders of the B.C. Court of Appeal upheld Dickson's ruling on Wednesday during a hearing in Vancouver. "I see no basis upon which to interfere with the judge's ruling on admissibility," Saunders stated in her reasons for decision, with Chief Justice Lance Finch and Justice Anne MacKenzie concurring.