A Surrey murderer has lost his bid to have his conviction overturned.
Trevor David Bell was found guilty in December 2008 of second-degree murder of the fatal shooting of Wayne Leslie Lutz.
Lutz, 39, was killed on June 26, 2006. His body was found in a small house near 134 Street and 88 Avenue. Lutz was known to police, but did not live in the home.
Bell was arrested in Langley on another matter the day after Lutz was found dead.
In his case before the B.C. Court of Appeal last month, Bell argued the trial judge erred in her instructions to the jury. He said the judge assumed a person referred to by a Crown witness as "T-Dog" was the same person as the accused, didn't address "bad character" evidence, and failed to warn the jury of the dangers of relying on testimony from "unsavoury witnesses."
Central to the Crown's case was testimony of witness Adam Colquhoun. On the day of the shooting, Bell went to Colquhoun's house, where he ran a retail marijuana business. The two smoked a joint and shortly after, Lutz arrived to deliver some pot, for which Colquhoun paid him.
Bell was telling the others about his separation from his girlfriend, that she had custody of her daughter, and his proposal to sexually assault his ex, together with others. During the discussion, said Colquhoun, Lutz offered advice on parenting.
Colquhoun testified he went to get a glass of water, heard a bang and saw Lutz fall to the found. The gun was later linked to Bell and a car-jacking he committed the day after the shooting.
Three Court of Appeal judges upheld the trial judge's original verdict, deeming she gave careful instructions to the jury. Bell's appeal was dismissed. The decision was posted online this week.