Brian Malley trial enters voir dire in third week

  • Feb. 4, 2015 4:03 p.m.

As the trial of a man accused of murder opened for its third week in Red Deer’s Court of Queen’s Bench, the trial entered into a voir dire on Monday.

Brian Malley, 57, is charged with first-degree murder, causing an explosion of an explosive substance likely to cause serious bodily harm, death or serious damage to property and sending or delivering to a person an explosive device in relation to the death of Victoria Shachtay in 2011.

The charges stem after an explosion occurred inside Shachtay’s Innisfail residence in November 2011. The incident occurred after a package disguised as a Christmas gift was delivered to the home which RCMP confirmed was the source of the explosion.

Malley was arrested in Red Deer on May 25th, 2012.

Shachtay, 23, was disabled and in a wheelchair from a car collision that happened in 2004. She was also a single mother to a then seven-year-old girl.

RCMP have confirmed Malley had known Shachtay for a number of years and acted as her financial adviser.

On Monday, no witnesses were called and instead the trial entered into a voir dire. A publication ban was issued on what was discussed during the voir dire as the jury was not present during those proceedings.

Last week, the jury heard from a witness who was deemed an expert in forensic DNA analysis.

Gregory Litzenberger testified that he reviewed data from a number of exhibits sent in by the RCMP.

A very small sample of DNA was taken from a piece of paper found at the scene. Litzenberger said the sample was less than one nannogram. It was less than the optimal sample amount, but more than double the minimum parameters, he added.

The DNA sample was consistent with a sample of Malley which was taken off of a napkin he used at a Wendy’s restaurant.

Defense lawyer Bob Aloneissi asked Litzenberger whether or not DNA could be easily transferred from a person to an object via another person by shaking hands, for example.

Litzenberger said while it is possible it is very unlikely.

The trial continues in Red Deer’s Court of Queen’s Bench this week and is expected to last another four weeks.

efawcett@reddeerexpress.com

Just Posted

Tom Pyper’s life on the South Saskatchewan Pipeline

Red Deer man looks back on his time working on the Cantuar pump station

Central Alberta Theatre is gearing up to present Neil LaBute’s Some Girl(s)

Opening night is April 20th with shows running through to May 5th.

Burman U prof publishes international development book

The Development Trap: How Thinking Big Fails the Poor looks to challenge perceptions

WATCH: Check out this week’s What’s Up Wednesday

A weekly recap of the week in news

WATCH: Red Deerian receives award for aiding RCMP officer in arrest

Lonnie Amundson, rugby player, tackled a fleeing suspect to help ailing officer

WATCH: Red Deer’s latest ‘Ghost’ statue unveiled at Servus Arena

‘The Face-off’ is the 11th ‘Ghost’ in the notable bronze series

Lance Armstrong settles $100M lawsuit with U.S. government

Disgraced cyclist reached $5-million settlement with sponsor U.S. Postal Service

Black Press Media acquires two new Alaska newspapers

New Media Investment Group to acquire the Akron (OH) Beacon Journal while Black Press Media takes on daily newspapers in Juneau and Kenai Alaska

UPDATE: No charges in found horses near Bentley

Responding Ponoka veterinarian says horses were in healthy condition.

Men arrested at Starbucks say they feared for their lives

Rashon Nelson and Donte Robinson were arrested in a Philadelphia Starbucks, becoming viral video

Did a Canadian shoot down the Red Baron? A century later, debate hasn’t quit

Om April 21, 1918 two Canadians in their canvas-covered Sopwith Camel biplanes engaged the enemy

VIDEO: Canadian teen lands invite to Royal wedding

Prince Harry and Meghan Markle have invited Faith Dickinson, founder of Cuddles for Cancer

Ponoka County worries about Prussian carp in Gull Lake

Alberta Environment delays pumping due to at least 1,000 carp found near the pump channel inlet

Health committee cheers idea of national pharmacare program, but cost an issue

Conservative health critic Marilyn Gladu says she fears costs could be far higher than $19 billion

Most Read