Man convicted by Surrey judge in hatchet attack near SkyTrain station loses appeal bid

Andrew Eugene Agopsowicz was convicted of assault with a weapon, assault causing bodily harm and possession of a weapon dangerous to public peace

A man convicted in Surrey provincial court of attacking another man with a hatchet near a SkyTrain station has lost his bid for an extension to file a notice of appeal against his convictions.

Andrew Eugene Agopsowicz was convicted of assault with a weapon, assault causing bodily harm and possession of a weapon dangerous to public peace. He has already served his sentence.

The victim, Shalendra Prasad, was attacked with a hatchet near a SkyTrain station. The issue at trial was identity.

“The identification at trial by Mr. Prasad was, as acknowledged by the trial judge, insufficient to convict Mr. Agopsowicz,” Appeal Court Justice Elizabeth Bennett noted. “However, he was located within five minutes or so of the incident with a bloody hatchet in the waistband of his trousers. There was also a trail of blood from where Mr. Agopsowicz was arrested, directed towards the location of the offence.”

Bennett denied Agopsowicz’s application, in which he cited “mental disability, lack of a lawyer, legal aid sending a booklet, and lack of access to information.” He had applied for legal aid within the 30 days he had to appeal, but was denied assistance on Oct, 10, 2018, the court heard.

“In my view, the circumstantial evidence was overwhelming,” she stated in her reasons for judgment. “Having read the reasons, I do not see any ground of appeal that would justify granting an extension of time for the conviction appeal.”

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