Kelly Ellard leaves the courthouse in this March 12, 2002 file photo in Vancouver.
Kelly Ellard, the convicted killer found to have held 14-year-old Reena Virk's head underwater following a vicious group assault, told a parole board Wednesday she should be allowed escorted absences from prison with her newborn child.
But Ms. Ellard's plea failed to convince both members of the board, who grilled her on her shifting version of events regarding the night Reena was killed and issued a split-decision, a rare deadlock that means a new hearing regarding the escorted absences will be held in the coming weeks.
Wednesday marked the second time in less than a year that Ms. Ellard, who was 15 at the time of the attack but was tried as an adult and convicted of second-degree murder, made an unsuccessful appearance before the board. Last May, two different board members denied her request for day parole, ruling Ms. Ellard had minimized her role in the 1997 killing, offered limited insight into her actions and failed to be open with her case-management team.
Related: Kelly Ellard admits responsibility in Reena Virk death for first time
Reena's grandfather, Mukand Pallan, said in an interview he was glad to hear Ms. Ellard's latest request to the board was not granted.
In asking for the escorted absences, which her lawyer characterized as a "very first step" to rehabilitation and reintegration, Ms. Ellard told the board she views the world through "different eyes" since becoming a mother. She said she feels motivated to change her life.
"I have big plans for our future," she said.
Ms. Ellard requested up to five escorted absences a month, to be used for routine and unforeseen medical appointments for the child, as well as opportunities for the child to socialize. The infant is housed with Ms. Ellard at the prison. Ms. Ellard's partner is also incarcerated.
Ms. Ellard's case-management team recommended the plan be approved for 90 days and a parole officer said she had not posed institutional challenges over the last 18 months. The parole officer said a psychologist also recommended Ms. Ellard be granted the escorted absences.
The board did not explain why it could not reach a consensus, or which member voted which way.
Catherine Dawson, one of the board members, noted at the outset of the hearing Ms. Ellard had told different stories about the attack over the years.
Reena was 14 when she was killed in November, 1997. She was lured to a secluded spot under a Victoria-area bridge and brutally beaten by a pack of teens. She managed to walk away, but Ms. Ellard and her co-accused, Warren Glowatski, followed behind.
Ms. Ellard had long denied she was involved in a second attack but at the day-parole hearing last May, she publicly acknowledged some responsibility in Reena's death for the first time. Ms. Ellard then told the board Reena's face had been covered in blood and she had pulled her closer to the water's edge, to splash water on her face. When Reena did not respond, Ms. Ellard said she pushed her into the waterway and left.
In denying Ms. Ellard's request last May, the board said her decision to finally take responsibility appeared "strategic," rather than coming from the heart. Ian Mackenzie, one of two board members presiding over last year's hearing, said that while Ms. Ellard was now accepting more responsibility, it was still not to the degree for which she was convicted.
Kim Polowek, the second board member at Wednesday's hearing, said she had observed manipulative behaviour throughout Ms. Ellard's file. Ms. Polowek at one point asked Ms. Ellard if more details about the attack were still to come. Ms. Ellard said no.
When asked what caused Reena's death, Ms. Ellard said it was her decision to push Reena into the water though she again denied holding her head underwater. Ms. Ellard said she felt guilty and ashamed over the killing, and realized she had ruined the lives of Reena's family members. She said the most important lesson she has learned while incarcerated is the effect her actions can have on others.
Reena's family did not attend Wednesday's hearing, nor did the family of Ms. Ellard.
The board also questioned Ms. Ellard about her relationship. Ms. Polowek asked if it was a risk to become involved with someone who also has a criminal record. Ms. Ellard said she did not view the situation as risky, because she knows how to set boundaries. However, she added her partner had recently returned to prison, and she had less confidence about their situation.
Ms. Ellard has served about 15 years behind bars since her initial arrest, having spent some periods out on bail.
Mr. Glowatski, who was 16 at the time of Reena's death, was convicted of second-degree murder in 1999 and released on full parole in 2010. He participated in a restorative justice program with Reena's parents and apologized for her death.
Six other teens – all girls – were convicted of assaulting Reena and given jail sentences ranging from two months to one year.