Top court denies appeal

Supreme Court of Canada won't hear appeal of two Campbell River men convicted of manslaughter

Tyler Pastuck and Derek Crowther have struck out on attempts to appeal their manslaughter convictions.

In August 2013, the B.C. Court of Appeal upheld both convictions and last week, the Supreme Court of Canada dismissed the case.

“We were denied leave to appeal,” said defence lawyer Robert Mulligan who represented Crowther. “They just say yes or no…(and) that’s usually the end of the road.”

In December 2011, Pastuck and Crowther were convicted of manslaughter in the death of Christopher Smythe, 28. A third man, also in his 20s, was also charged, but died before the case went to trial.

On Feb. 27, 2010, Smythe attended a party at a Rockland Road townhouse which Pastuck was renting. In the early morning hours, neighbours called police after seeing a man being dragged by his ankles and then being “stomped on” by two or three other men.

Police found Smythe behind the complex, still alive, but badly beaten. He died three days later from head injuries.

In January 2012, Pastuck was sentenced to seven years in a federal prison while Crowther received a six-year term. However, their sentences were both reduced by 27 months due to time already served behind bars.

Both men are still in custody.