WALKER FILES HIS APPEAL

Kim Walker's lawyer, Saskatoon's Morris Bodnar, made good on his
comments during the recent trial there would be grounds to file an
appeal for his client on several levels.

This follows Bodnar arguing legal grounds for a mis-trial on the
second last day of the trial. The jury was still away deliberating and
following instructions given to it's members by Justice Jennifer
Pritchard, which did not include the possibility of an acquittal.

Bodnar pointed out this is a mistake in law given a recent Supreme
Court of Canada decision which says removing this option takes away
the principle of the presumption of innocence until proven guilty.

The Canadian case law ruling was brought to the attention of lawyers
and the court after a journalist covering the Yorkton trial asked
Bodnar about it.

All sides knew there was much at stake if the decision for a mistrial
was granted, and also if the jury was called in to have new
instructions issued to them.

Justice Pritchard decided to leave the jury deliberate as they had
been for nearly two days. The very next day the four man, eight woman
jury found Kim Walker guilty of Second Degree Murder in the death of
James Hayward, a 24- year-old Yorkton man who was living with Walker's
then 16-year-old daughter Jadah.

Testimony in the trial said Hayward made his income through the
trafficking of drugs and he and Walker's daughter both had severe
addictions to morphine at the time of the shooting.

Walker was sentenced to life in prison without eligibility for parole
for 10 years.

According to the notice filed Friday at the Saskatchewan Court of
Appeal, Walker is appealing on several grounds. One says the trial
judge erred while issuing instructions to the jury which indicated
members could only return with a conviction on one of three charges,
excluding the option of not guilty.

The appeal also contends an error in law was made by not granting the
defence its motion for a mistrial on these same grounds.

He also contends the trial judge made an error in law by not putting
the option of self defence before the jury for consideration. Bodnar
also believes the evidence and weight of the evidence presented at the
trial was not according to law.

Bodnar looked more deeply into the course of the trial in determining
other grounds for the appeal. He also raises a concern the judge did
not allow Hayward's complete criminal record to be entered for the
consideration of the jury, only the fact he had one previous
conviction for trafficking.

The trial was an extremely emotional time for both families involved.
Their plight caught national attention while discussion among citizens
of Yorkton and area seemed to be divided in some cases but ambiguous
for others. Some say they don't know what they would do if they were
in a similar situation.