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Sherry Lavery, 50, was suffocated to death on September 27th, 2006.

Lavery was Edmonton's twenty-fifth homicide victim of the year.

Noel Lavery, 78, was charged with first-degree murder.

At 11:58 p.m. on September 26th, 2006 police received a 911 call from Noel Lavery. He told them his wife Sherry was dead.

The Edmonton Sun quoted sources who said that Lavery reported his wife had been smothered to death with a pillow.

Upon arrival at the Lavery family townhouse at 926 Millbourne Road East, officers immediately called in homicide detectives.

"There was certainly indication right from the beginning that there were suspicious circumstances," said a police spokesman. "Certainly right from the beginning, officers were led in that direction."

After a brief investigation at the scene, Noel Lavery was taken into custody. Several family members, including Sherry's daughter Leigh who lived next door, were also escorted by police to offer statements.

The police forensics unit remained at the Lavery home overnight.

By noon the next day, Noel Lavery was charged with first-degree murder.

Few details were released surrounding Sherry Lavery's death and no weapon was reported to have been recovered.

When asked by media if the homicide was the result of a domestic dispute, police said circumstances warranted the somewhat unusual charge of first-degree murder.

The charge is usually applied in deaths where pre-meditation is apparent.

In 2006, only one other murder, that of Eric Ellefson on January 7th, warranted the charge.

A school chum of Ellefson's, Darren Gary Rowland, faced first-degree and three other charges after the man was shot in the head.

An autopsy conducted on Sherry Lavery on September 29th, 2006 revealed that cause of death was “consistent with death by smothering.”

On the same day, her husband made his first court appearance.

A slight man, with thinning grey hair and glasses, Noel Lavery stood quietly in the prisoner's dock and quickly nodded to a few family members sitting in the gallery.

Lavery retained well-known defence lawyer Peter Royal who asked Judge Darlene Wong to put the case over until October 13th, 2006 so that Noel could apply for bail.

Royal described Lavery as a man of "clearly good character" who comes from a supportive family.

He added that he'd taken steps to ensure his client's safety at the notoriously over-crowded Edmonton Remand Centre.

Royal later said while speaking to the Edmonton Journal, "It's a very sad case."

"There's a lot to this that's going to come out later, and that's all I'm going to say. It's a different kind of homicide."

The Lavery family had "no comment" for the media.

Sherry Lavery's death was the city's 25th homicide of 2006.

Neighbours said the Laverys were a quiet couple who had lived in the complex for over a decade without drawing much attention. Police echoed the assessment, saying they had no history of being called to the home – read more »

Sherry Lavery, who was born in Blackburn, England but lived in Hong Kong until her early teens, was a fixture at the Edmonton Folk Music Festival, putting up a tent at Gallagher Park each year with her husband.

Lavery was well known in local politics, having worked for former Edmonton MP Scott Thorkelson during election campaigns.

She served as manager for two of MP David Kilgour federal election campaigns in the 1980s.

Lavery also served as president of the old federal Progressive Conservative Edmonton-Southeast riding association and sat on the Immigration and Refugee Board of Canada for eight years.

Sherry met Noel through their involvement in politics. In 2003, Peter MacKay awarded the couple a gift for their work as deputy returning officers.

After a falling out with federal politics when the Progressive Conservatives merged with the Canadian Alliance party, Lavery became involved at the grass-roots level, serving as president of her condo association. Recently she was elected vice-president of the North Millbourne Community League.

Neighbours said Sherry had begun to look increasingly ill. An ambulance was seen visiting the couple's home a number of times over the summer.

Jim Sherstabetoff, a former president of the North Millbourne Community League, said he had learned from Sherry's daughter that her mother was suffering from life-threatening cancer.

However, a source told CTV Edmonton "there is no indication that it was a life-threatening condition."

A police spokesman said he couldn't comment on the victim's medical condition.

"Medical information is protected information. As far as what other illnesses she may or may not have been suffering from, we can just say conclusively at this time she did not die from that; her cause of death is consistent with smothering."

Alar Aksberg, a friend of Noel Lavery, told Global Edmonton that "disbelief" was too mild a word to describe the apparent actions of his friend. The two attended an unnamed support group meeting the evening Sherry died.

"Although he was not in best of spirits, but [there was] no indication of anything unusual."

Over the past eighteen months Noel told Alar about Sherry's failing health. "The past two months things did not go well," Alar said. "You could see the depression growing in Noel."

Aksberg said Noel loved his wife and "supported her medical decisions" according to the news report.

"He's an honest decent guy as far as I'm concerned," Alar said, adding the suggested action his friend took was even more out of character. "I simply can't see that."

"I can't imagine Noel hurting anybody," a neighbour told the Sun. "I can't imagine Noel living without her, really. They were very close."

Friends said Noel himself had successfully battled prostate cancer over the last few years.

"I don't for one second believe Noel could have had anything to do with this," said a friend speaking with the Sun.

"He's a frail little old man. He survived cancer just a year or two ago. He's not a robust person by any means."

The couple had been married since 1993. In addition to a daughter, Noel and Sherry had a nine-year-old granddaughter.

It was Noel's second marriage.

The Edmonton Journal provided additional details to Noel Lavery's background.

Noel and his first wife Doreen had come to Canada from Ireland. They raised three children while living in the Gold Bar neighbourhood.

He was a manager in the 1960s for famous local businessmen Sandy Mactaggart and Jean de la Bruyere. In the 1970s, Lavery worked at Micro-Matic Services, a firm specialising in industrial boiler repair, later becoming company president.

One of Lavery's Gold Bar neighbours, Steve Senko, said, "He kind of kept to himself. He was never really close to anybody in the neighbourhood."

He described Doreen as a "down-to-earth and kind" woman. Lavery and Doreen divorced in the early 1990s.

Doreen Lavery declined to be interviewed when contacted by the Journal.

Noel's son Brian also declined to comment when reached.

"We've been advised by our lawyers not to say anything," he said.

On October 4th, 2006 Noel Lavery was released on $5,000 bail.

With the bail came a number of conditions: Lavery must reside in his own home, observe a curfew from 10:00 p.m. to 6:00 a.m, refrain from alcohol, surrender his passport and ask the Court's permission if he wants to leave Edmonton.

No plea entered was entered and Justice Paul Belzil imposed a publication ban on the day's proceedings.

In court, Lavery vigorously shook the hand of his defence lawyer Peter Royal and then turned to his family and smiled.

Outside court, the Lavery family declined comment.

Lavery's next appearance was set for October 13th, 2006 at which time he was expected to enter a plea.

On November 14th, 2007 79-year-old Noel Lavery appeared in courtroom 356 of the Provincial Law Courts Building for what was scheduled to be a preliminary hearing.

However, Lavery's defence lawyer Peter Royal waived the hearing and asked Crown prosecutor Mark Huyser-Wierenga if the case could proceed directly to trial on a reduced charge of second-degree murder.

Huyser-Wierenga agreed to the changes, as did Judge Shelagh Creagh.

"There was scant evidence of the planning and deliberation necessary for a charge of first-degree murder," the Crown prosecutor said.

Lavery was set to appear in Court of Queen's Bench on January 11th, 2008 to set a trial date.

Royal earlier said that the case was "a different kind of homicide" and that much would come out in court.

Sources close to the trial indicated that Lavery's 4-hour interview with police revealed that his wife was very ill, depressed and "wanted to die," adding fuel to speculation that Noel's act may have been a mercy killing.

Lavery remains on free on bail with conditions that he reside in his own home, observe a curfew from 10:00 p.m. to 6:00 a.m, refrain from alcohol, surrender his passport and ask the Court's permission if he wants to leave Edmonton.

Noel Lavery's second-degree murder trial was set to begin jury selection on September 24th, 2009 with the trial proper to begin four days later.

Lavery continues to remain free on bail.

deadmonton 2006 - sherry lavery