Retrial Granted In Van Diest Murder Case
B.C's Court of Appeal has granted a retrial to the man convicted in the 2011 murder of Taylor Van Diest.
The 18 year old from Armstrong was murdered on Halloween of 2011, and Matthew Foerster had been convicted of first-degree murder back in 2014.
Foerster has admitted to murdering Van Diest, but argues he was only guilty of either manslaughter or second-degree murder.
A Tuesday release from B.C's Appeals Court says that there were two errors made in the judge's original charge to the jury.
Those errors relate to the judge's instructions on post-offence conduct, and the judge's failure to tell the jury that it should not use Van Diest's final text message as evidence in determining Foerster's state of mind.
Tuesday's decision was handed down by Justice Groberman, who stated in the final section of the appeal approval that "Unfortunately, these errors cannot be corrected on appeal, nor can it be said with assurance that they did not affect the verdict. Accordingly, I am of the view that the appeal must be allowed and a new trial ordered."
Any details about the scheduling of this new trial are not yet known.
Those looking to view today's release from B.C's Court of Appeal can visit this link.