PICTOU – A Pictou County man convicted of the first-degree murder of 19-year-old Amber Kirwan has filed a notice of appeal.
Christopher Alexander Falconer.
Thirty-one-year-old Christopher Alexander Falconer filed his appeal application with the Nova Scotia Court of Appeal this week on the grounds that the jury didn’t have reasonable evidence to convict him, said his father Scott Falconer on Wednesday.
“We knew he would be filing, but we didn't know when it was going in,” he said, adding that his son is currently without legal representation and filed the appeal on his own with the help of his parole officer and a minister at the prison where he is serving out his life sentence.
According to a spokeswoman with the Nova Scotia Court of Appeal, the Crown has 80 days to respond to the appeal application, but the process could move a bit quicker if Falconer is able to retain legal counsel.
The application will be dealt with in the Nova Scotia Court of Appeal in Halifax. The Court of Appeal reviews the records of the trial to ensure that no errors of law were made by the lower court. The appeals court can dismiss the appeal, allow the appeal and order a new trial or allow the appeal, but change the order to the lower court.
Falconer was convicted of first-degree murder on Jan. 28 in Pictou Supreme Court by a 12-member jury. The trial ran three weeks and included a large amount of forensic evidence as well as testimony from family and friends of both Kirwan and Falconer.
The jury was told that Kirwan went missing Oct. 9, 2011, from downtown New Glasgow after she left a group of friends standing outside Dooly’s pool hall. Her remains were found off a wooded logging road in Heathbell, Pictou County, on Nov. 5, 2011.
Falconer’s family spoke to The News following the trial to say they didn’t think the trial should have been held in Pictou County because of Christopher’s past conviction of second-degree murder in the death of a Pictou cab driver 15 years ago.
They also said they believe there wasn't enough evidence brought forth during the trial to convict him beyond a reasonable doubt.