An appeal to overturn the conviction of arsonist Steven Marlo Gallagher was rejected by the B.C Court of Appeal. The Court of Appeal found there were no errors made in his trial.
According to a Nov. 27 decision, published on Dec. 12, Gallagher’s appeal hinged on the admittance of two officers’ testimony, which identified him via video taken from inside an Osoyoos pharmacy on May 15, 2021, before a fire started. Justice David Crerar’s own identification based on the same footage also contributed to the decision.
The “vengeance-based arson,” as described by Justice Crerar, was only one of the events that took place on the same night. Other incidents included shots fired at a parked police car at the RCMP detachment and a truck.
The 2021 blaze damaged both the pharmacy and a neighbouring physiotherapy office, resulting in nearly $500,000 in losses.
The video evidence submitted to the court showed Gallagher stopping to steal a drink, which gave the “camera an ideal shot of his face.”
“The arson was calculated and deliberate and executed over time for multiple steps with many points at which he could have changed his mind,” Justice Crerar said on Oct. 5, 2023. “Mr. Gallagher selected an expendable vehicle, made arrangements with an associate or associates for a post-arson pickup, drove into Oliver, shot up the police car, parked and ignited the truck, walked slowly towards the pharmacy, stashed the case, walked back to the pharmacy, broke into the pharmacy and lit the fire.”
Justice Crerar sentenced Gallagher in 2023 to two years in jail, with time served being considered. Following that case, in 2024, Gallagher was sentenced to three-and-a-half years’ jail for firearms offences stemming from an incident just a month prior to the arson. He was also handed a further seven years in jail for a shooting on Canada Day in 2022.
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Gallagher’s appeal claimed that Justice Crerar had not exercised proper caution in deciding to accept the evidence from two Mounties and the security camera footage for identifying him.
The claim argued that Justice Crerar and the officers had both failed to mention any of Gallagher’s distinctive features, particularly the scar over his left eyebrow, and that the description of features cited by Crerar was not unique enough to exclude any other perpetrators.
The B.C. Court of Appeal was not swayed by Gallagher’s arguments. In fact, the Nov. 27 decision notes that the Appeal Court reviewed the video evidence itself and found that Justice Crerar’s decision held up.
As a result, the appeal was dismissed.
If Gallagher serves out the full length of his remaining sentences, he will not be out of jail until 2036.