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Appeals court denies Surrey man's bid for new trial in Richmond murder

Surrey's Gurpal Brar convicted of 2006 killing of Sukhjit Johal at cabinetry firm

The Surrey man convicted of the second-degree murder of a coworker at an East Richmond cabinet-making firm in May of 2006, has lost in his bid for a new trial.

Victim Sukhjit Singh Johal, also from Surrey, was seriously injured in the fight at Nickels Custom Cabinets in Richmond, and died in hospital.

Gurpal Brar was arrested and charged with second-degree murder, and was found guilty by Madam Justice Stromberg-Stein in June of 2011.

On Monday, three members of the Court of Appeal for British Columbia, rejected Brar's appeal.

"Mr. Brar appeals from his conviction on the basis the trial judge misapprehended certain material evidence and erred in her assessment of the Crown witnesses' demeanour and credibility," Monday's court decision by Justice Anne MacKenzie states.

The victim and Brar did not get along after an argument over carpooling and a verbal altercation at work.

On the day of the fatal conflict, Brar and Johal were in separate areas of the shipping building. After swearing at Johal in the washroom, Brar later approached Johal's workstation, and the pair exchanged insults and eventually fisticuffs ensued. Although their coworkers intervened, "several witnesses saw a blade of some sort in Mr. Brar's fist and observed blood on Mr. Johal's stomach area."

One of the three stab wounds Johal suffered during the series of altercations that day was life-threatening, and eventually proved fatal.

Justice MacKenzie wrote in her ruling: "In my view, Mr. Brar has failed to demonstrate an overriding and palpable error in the judge's assessment of Mr. Sandhar's evidence. As the Crown points out, the record supports the trial judge's finding that four people witnessed the initial altercation in the shipping building...Their evidence was remarkably consistent and the record supports the trial judge's finding that it was unbiased."

Justice MacKenzie's decision was concurred by Justice Catherine Anne Ryan and Justice Christopher E. Hinkson.