Brian Malley trial set for Red Deer

  • May. 14, 2014 2:52 p.m.

A man accused of murder will have his trial in Red Deer, despite efforts made by his lawyer to have the trial held in another municipality.

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.

Malley was released on $10,000 bail and ordered to live with his wife and mother-in-law in Edmonton in 2012.

Malley’s lawyer Bob Aloneissi, recently made an application for a change of venue for the jury trial stating the case has received substantial media coverage and it would be difficult to find jury members who were impartial to the case.

Crown Prosecutor Jason Snider said there is a large area to pull from in regards to a jury pool and past media coverage of the case should not hinder that process.

The judge ruled that Malley stand trial in Red Deer. A six-week trial has been set to begin Jan. 26.

An explosion occurred inside Shachtay’s residence in November 2011 in Innisfail.

The incident occurred after a package was delivered to the residence which RCMP confirmed that it was the source of the explosion.

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

Shachtay, 23, was disabled and in a wheel chair from a car collision. She was also a single mother to a seven-year-old girl.

RCMP have confirmed Malley, who had worked as a municipal police officer in Alberta more than 30 years ago, had known Shachtay for a number of years and acted as her financial adviser. However, they would not confirm that money was the motive behind the murder.

The six-month investigation into Victoria’s death was led by the ‘K’ Division Serious Crimes Branch which is responsible for homicide investigations in Alberta RCMP jurisdictions. The investigation also involved support of the local RCMP detachment and many other support units, including the RCMP’s Post- Blast National Response Team, Explosive Disposal and Technology Section, Tech Crimes, Special Tactical Operations, Criminal Analysis Section, Special ‘I’ Surveillance Units, and Forensic Labs in Edmonton and Ottawa.

At its peak, the investigation involved more than 70 investigators who worked thousands of hours to gather and examine evidence related to the murder.