B.C.’s top court has overturned the bail given to an elderly convicted killer seeking to appeal his conviction, saying that his release would negatively impact public faith in the justice system.
“Given the weak merits of the appeal, the seriousness of the offence, and the appellant’s moral culpability, there is a strong public interest in this case in seeing the sentence imposed without delay,” wrote Justice Lauri Ann Fenlon in the unanimous ruling.
Rosbergen was 82 when a jury found him guilty of second-degree murder in the February 2017 killing of Allen Skedden, according to the court decision. The guilty verdict was rendered in December 2024 and he was later sentenced to life imprisonment with no eligibility for parole for 12 years.
The jury heard that Rosbergen and Skedden were involved in a legal dispute regarding a tenancy claim, according to the court documents. Rosbergen had been mandated to pay Skedden the sum of $1,080 but did not comply with the order.
Rosbergen and a friend, Richard Anderson, arrived at Skedden’s house in Delta where they informed Skedden of their intention to take him to a bank to withdraw money, according to the verdict. Rosbergen then dropped off his friend without making a bank visit before continuing on with Skedden. It was the last time Skedden was seen alive.
Anderson told the court that Rosbergen later sought his help in cleaning a trailer box that was kept on Rosbergen’s rental property. During the cleaning process, the water turned red.
He testified that Rosbergen told him, “Don’t worry about it. He’s gone,” and “I tied him up with a rope and I threw him in the drink.”
There was also a “compelling body of circumstantial evidence” connecting Rosbergen to the murder, including Skedden’s blood being found in Rosbergen’s truck, the appeal court decision says. The victim’s blood-covered jacket, his baseball cap, which contained his DNA, and several other items associated with him were found on Rosbergen’s rental property near the trailer box, and a piece of duct tape that matched the tape discovered near Skedden’s body was also found on the accused’s property.
“During sentencing, the trial judge found that Mr. Rosbergen had beaten Mr. Skedden until his bones were broken and then suffocated him before callously disposing of his body by the side of the river where it was predated upon by animals,” the judge wrote, noting that Rosbergen was 74 at the time of the murder.
Appeal of Sentence
Rosbergen submitted a notice of appeal regarding his conviction and sentence in April 2025. He applied for bail in August while awaiting the outcome of his appeal.He argued that the strength of his appeal, his age, his worsening health while in custody for the past eight months, and his need to sell his real estate holdings to finance the appeal all supported his case for release, the decision says.
The Crown opposed Rosbergen’s release, saying that granting bail would “undermine public confidence in the administration of justice,” Fenlon wrote in her ruling.
“The bail judge grappled with the tension between these two principles,” she added. “He noted it was ‘a close call given the gravity of the offence and Mr. Rosbergen’s moral blameworthiness’. However, he ultimately determined that public confidence would be maintained if Mr. Rosbergen was released.”
The Crown, during its appeal of the bail judge’s decision, claimed he had overlooked the significance of Rosbergen’s grounds for appealing his conviction, in addition to failing to assess the length of his sentence in relation to foreseeable delays in the appeal hearing, according to the court documents.
The appeal court agreed, determining these failures constituted “errors in principle” by the bail judge.
Fenlon said the bail judge “fell into error” when he incorrectly presumed he should be “circumspect” when evaluating the merits of Rosbergen’s appeal.
“It was an error in principle for the judge to be circumspect in his assessment of the merits of the grounds of appeal when addressing the reviewability interest,” the decision reads. “To the contrary, a more probing inquiry into the chances of success on appeal was required.”
Fenlon further concluded it was “evident” Rosbergen would not serve a significant part of his sentence prior to the hearing of his appeal, and she dismissed his attorney’s claim that his advanced age supported granting him bail.
“Having assessed the merits of the grounds raised by Mr. Rosbergen, I conclude that the appeal is not a strong one,” the decision reads. “That assessment must be placed on the reviewability side of the scales, and weighed against the strong enforceability interest on the other side. In my view, the enforceability interest carries significantly greater weight, and must prevail in this case.”
The appeal court set aside the Aug. 22 release order and directed that Rosbergen be returned to custody to serve his sentence during the appeal process, which the panel also ordered to be expedited.
