Murder suspect Nick Chan freed once again

Nick Chan’s loss of freedom was a brief one.

Calgary purported gangster Nick Chan leaves Calgary Courts in Calgary on Tuesday April 17, 2018. 

Chan was released from custody Thursday, a day after turning himself in under orders from the Court of Appeal after the province’s top court revived his murder charge.

Crown prosecutor Stephen Johnston confirmed Friday that he consented to Chan’s release at the request of defence lawyer Andrea Serink.

Because there was a ban on both the hearing and the conditions of Chan’s bail, Johnston declined to comment further.

Ironically, the judge assigned to preside over the bail hearing was Justice Paul Jeffrey, whose April 2018 decision to stay charges against Chan was overturned Tuesday by a three-member panel of the Alberta Court of Appeal.

In their ruling rejecting Jeffrey’s finding that Chan’s rights to a trial within a reasonable time [?] had been breached, the judges gave Chan 24 hours to turn himself in to the Calgary Remand Centre.

Chan faces charges of first-degree murder, conspiracy to commit murder and directing others to commit murder for the benefit of a criminal organization, Chinese Triads.

He was charged in July 2013 in connection with the Aug. 9, 2008, shooting death of non-gang-member Kevin Anaya.

Anaya was gunned down as members of the FOB [Fresh of the Boat] gang searched for rival gangster Kevin Bontagon.

A day before Jeffrey ordered the stay of Chan’s charges, Johnston told court he was going to ask the judge to tell the jury the prosecution had no evidence and order them to acquit the purported gang leader.

Johnston’s position was based on the fact Jeffrey had ruled the testimony of the Crown’s star witness inadmissible.