Accused gang leader Nick Chan turns himself in to face new murder trial

Calgary police say alleged gang leader Nick Chan has turned himself in, after the Alberta Court of Appeal ordered that he face a new murder trial.

The appeal court issued the decision on Tuesday, overturning a Calgary judge's decision last year to stay all charges against Chan due to delays in trying the case.

Chan was given 24 hours to turn himself in to the Calgary Remand Centre.

Calgary police said on Wednesday that Chan had surrendered to authorities.

Earlier decision overturned

The charges against Chanincludefirst-degree murder, conspiracy to commit murder and instructing a criminal organization.

But Court of Queen's Bench Justice Paul Jeffrey ruled in April 2018 that Chan's right to be tried within a reasonable time had been violated and ordered all the charges be stayed.

The Crown appealed Jeffrey's decision the day after the stay was ordered.

• Accused gang leader Nick Chan freed over delayed trial

In a written decision issued Tuesday,the panel of three judges on the appeal court agreed unanimously that the delay was "justified under the complex case exception or under the transitional exception."

The panel also found the trial judge erred in failing to attribute a particular portion of the delay to the defence, which would have reduced the 57-month delayto 35 months "after accounting for the time consumed by discrete events."

Calgary gang war

Chan was alleged to be leader of the Fresh Off the Boat (FOB) gang, and was charged withfirst-degree murder for allegedly being behind the death ofKevinAnaya, who was linked to the rivalFresh off the Boat Killers (FK) gang.

Between 2002 and 2009, 25 people in Calgary were killed in the FOB-FK gang war.

Amassive police investigation dubbed OperationDesinoended in July 2013 withsix people, including Chan, facingnumerous murder charges.

In March 2016, a jury acquitted Chan of first-degree murder for Calgary's Bolsa Restaurant triple murder in 2009.

In December 2017, he was acquitted of several weapons-related charges following a trial.

Until his release last April, Chan hadbeen in custody since his arrest in July 2013.