First-degree murder convictions overturned in Calgary quadruple-murder case

The lawyers for Yu Chieh 'Diana' Liao and Tewodros Kebede have until Nov. 10 to submit for a first-degree murder retrial or a second-degree murder conviction after the Court of Appeal of Alberta found errors in the initial trial. (CPS)

A man and a woman who were found guilty of first-degree murder in connection with the death of a man found bound and beaten west of Calgary in 2017 have successfully appealed their convictions over errors during their initial trial.

The defence lawyers for Tewodros Kebede and Yu Chieh 'Diana' Liao have been asked to file submissions either for a retrial on first-degree murder charges or a substitute conviction of second-degree murder for their clients in the death of 26-year-old Hanock Afowerk.

Kebede and Liao, who are both now 30 years old, were found guilty of first-degree murder in 2020 and received life sentences, but both appealed claiming the judge made errors in admission of evidence, dismissal of a mistrial application and in their instructions to the jury.

In its decision, the Court of Appeal of Alberta found that the evidence presented suggested that Afowerk was intentionally lured to a southeast Calgary auto body shop, confined and extorted, but there was no proof that his killing had been planned — the requirement for a first-degree murder conviction.

The initial convictions were found to rely heavily on circumstantial evidence, including a text message sent approximately 20 hours before the offence where Kebede was asked 'U up for the job tonight?' without mention of plans to kill Afowerk.

The Court of Appeal also determined that a timeline of when Afowerk's injuries were sustained was never asked of the medical examiner during the trial, but the conviction relied on the belief that the injuries were inflicted over a period of time, implying that his death was planned and deliberate.

The appeal decision also found that the trial judge made mention in his instructions to the jury that the fact Afowerk was bound should be taken into consideration in deciding whether his death was a planned and deliberate murder, but the Crown's first-degree case was not based on that information.

Liao was also found guilty on accessory to murder charges in connection to the deaths of Cody Pfeiffer, Glynnis Fox and Tiffany Ear. Kebede was convicted on accessory to murder in connection with Pfeiffer's death.

The three bodies were found in a charred vehicle belonging to Afowerk in the northwest community of Sage Hill on the same day of the discovery of Afowerk's body.  All three had been shot.

The three-member appeal court found no reason to interfere with Liao's and Kebede's accessory to murder convictions.

The defence lawyers have until Nov. 10 to provide their submissions.