The B.C. Appeals Court has dismissed a request for a new trial for Anthony Robert Willier.
Willier was sentenced in August 2011 to life in prison without a chance for parole for at least 25 years after a jury found him guilty of first-degree murder in the February 2010 shooting death of Nathan Alcide Marshall.
Willier's counsel had argued that B.C. Supreme Court Justice James Williams gave the jury an improper instruction regarding an unsavoury witness who testified on the trial's first day.
Michael Sanche told the court he was in Willier's vehicle when he drove up to the end of Marshall's driveway at 1790 Hemlock St. and opened fire.
Williams gave a "special direction" on how to treat Sanche's testimony, saying he has an extensive criminal record, was engaged in a criminal lifestyle at the time of Marshall's death and was in custody on suspicion of committing the offence himself when he gave his statement to police naming Willier as the shooter.
In a written ruling issued Tuesday, Appeals Court Justice Nicole Garson found the comments by Williams to the jury was not enough to dismiss the verdict and order a new trial.
Other than the portion in question, Williams's comments on Sanche were "carefully crafted" and properly identified the reasons why his evidence had to be taken with caution.
Garson also noted there was no objection to Williams's comments by defence counsel at trial.