We often shake our heads at the justice system. Some of it is warranted. Some of it may not be. Here’s one where you can decide:

Most of the facts of this case are not in dispute. Ricky John Smith and Cameron Miller were at a party in Prince George on October 30, 2004. Brent Melanson arrived at the party to pick up his fiancée. When Melanson arrived, he got in a tussle with some of the party-goers. Melanson and his fiancée drove to a nearby phone booth to call police.

Smith and Miller left the party with two women and happened upon Melanson at the phone booth. Smith and Miller jumped out of the vehicle they were in and approached Melanson. Smith was carrying a machete. Melanson’s fiancée ran down the street to get help and Melanson ran back into his truck.

Smith struck the driver’s side window with his machete. According to his testimony, the window broke on the second swing.

Melanson went out the passenger side door and was struggling with Miller. Smith went around that side of the truck and struck Melanson in the leg with his machete. Smith testified in court that he was shocked with what he had done and ran away. Miller and Melanson were still fighting.

For his part, Miller gave a statement he ran away while Melanson and Smith continued to fight.

Police, who coincidentally were in the area, arrived minutes later to find Melanson bleeding profusely from the neck. Melanson was pronounced dead at Prince George Regional Hospital.

In court it was revealed that there were six wounds on Melanson.

The pathologist who performed the autopsy, Dr. McNaughton, testified that, in his opinion, all six wounds could have been caused by a machete.

Pathologist Dr. Jennifer Rice, called on behalf of the defence, testified that, in her opinion, only the wound to the leg could have been caused by a machete.

The other wounds were likely caused by a knife. Rice didn’t examine the body, only the photos taken by Dr. McNaughton.

It was the cornerstone of Smith’s defence, even though no witness saw a knife, nor was there ever a knife recovered.

When the judge directed the jury he said:

“There is no other evidence of any weapon other than the machete being in the possession of either of the accused at the material time, and there is no evidence that the machete was in Mr. Miller’s hands, but it is Dr. Rice’s testimony that two different weapons were used and the possibility that you might accept that as reasonably possible that requires the Crown to advance the alternative theories that it does in this case. If you conclude that the machete was not the weapon that inflicted the fatal wound, or have a reasonable doubt about that, there is not much evidence to support inferences as to which of the two accused had possession of another weapon. You may well infer that it could only have been one or the other of them from all the circumstances and the extremely short window of time during which Mr. Melanson was wounded.”

Smith was convicted of second-degree murder. A court of appeal has overturned that conviction and ordered a new trial because, in its opinion, the trial judge “unfairly demeaned (Dr. Rice’s) opinions on the pivotal issues of whether more than one weapon was used.”

Everyone involved will be forced to relive the horrors of that night and the taxpayers of B.C. will pay for another trial.

You decide whether to shake your head or not.