Travis Vader's strip-search complaint dismissed by sentencing judge

Convicted killer Travis Vader's attempt to have his sentence reduced because he was strip-searched in RCMP custody has been dismissed.

Court of Queen's Bench Justice Denny Thomas dismissed the defence application on Tuesday while reserving his decision on other complaints from Vader that he faced mistreatment while in custody.

Vader, convicted in October on two counts of manslaughter, faces a possible life sentence for killing St. Albert, Alta.,seniors Lyle and Marie McCann in July 2010.

His sentencing hearing began Dec. 12 and continues this week.

• 'Thrown to the wolves': Travis Vader testifies about violence and humiliation in custody

Last month, the 44-year-old testified that his constitutional rights had been violated. Vader complained he was strip-searched by RCMP when he was first taken into custody.

On the witness stand, he claimed the incident was captured on videotape in a room with an open door and that he was left "buck naked" for five minutes.

When the prosecution offered to enter a videotape, Vader signed an agreed statement of facts that stated he was naked for only 25 seconds.

• Travis Vader's account of strip search contradicts agreed facts

Speaking about the discrepancy between the two versions of events, Thomas on Tuesday said: "The bigger issue to me is [Vader's] overall credibility."

He noted Vader had watched the videotape and then misled the court when he testified.

He asked Vader's lawyer: "So when he gave his evidence you didn't know he was lying?"

"I still don't know he was lying," defence lawyer Nate Whitling replied.

"A memory lapse, then?" Thomas asked.

The judge allowed a pixelated version of the videotape to be entered into evidence.

The judge has reserved his decision on Vader's other complaints, including being denied access to a lawyer, excessive use of force, overcrowding in the Edmonton Remand Centre, and being the target of so-called "shit bombings."

Prosecutor Ashley Finlayson said there is little or no evidence to support Vader's claims.

"His testimony is not believable," Finlayson said, "and at a minimum it can be said he's not an accurate historian of events. Mr. Vader's evidence is not credible."

The Crown argues Vader deserves a life sentence for killing the McCanns.

"You have two elderly people on a trip from Edmonton to the West Coast to see their daughter and granddaughter, minding their own business, Crown prosecutor Ashley Finlayson told court Tuesday.

"They stop for some reason and because their paths intersect with Mr. Vader who at the time is in desperate straits, they end up dead.Dead in a violent way."

The judge said one question about the case has plagued him throughout:"How do you accidentally kill two old people? You could accidentally kill one, not two."

Thomas characterized the McCanns as "totally innocent users of the highway" who had the misfortune to "intersect with this man."

Vader's defence team is seeking a four- to six-year sentence. His lawyers haven't specified what reduction they would like applied for alleged charter violations.

The hearing is expected to wrap up Wednesday. Thomas will likely reserve his sentencing decision.