EXCLUSIVE: Not-guilty verdict in murder of Canadian may be overturned

W5's Avery Haines reports on the acquittal of Canadian Ryan Friesen in the killing of his girlfriend, Kiara Agnew, and how a Mexican court could overturn it.

Exclusive developments in the case of a Canadian man found not guilty of murdering his girlfriend nearly three years ago in Mexico suggest the case is not over.

W5, the investigative unit of CTV News, has learned that the acquittal of Ryan Friesen in the killing of 23-year-old Kiara Agnew is now under active review by a higher court in Mexico.

Aroshi Lugo Arana, the deputy prosecutor for the state of Quintana Roo, which encompasses Playa Del Carmen, confirmed to W5 that a magistrate is reviewing the judge-only verdict that set Friesen free.

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The Final Video

The Dawson Creek, B.C. woman travelled with her boyfriend to Playa del Carmen, Mexico, in March 2023 to celebrate her 24th birthday. It was her first trip outside Canada. In short videos sent to family, she appeared excited and carefree, documenting the beginning of what was meant to be a milestone vacation with her boyfriend.

In what would become the final video she ever recorded, Kiara smiles into the camera from their hotel room balcony.

“We just got situated in our room and we are going to get some food and then head to the beach.”

Less than 12 hours after checking into the five-star Princess Resort, Kiara was found dead in a laundry room on the property. She had been brutally beaten. Her boyfriend, Friesen, was discovered asleep beside her body.

“When I found out she was dead I just started screaming,” said her sister, Tiana Agnew.

The Diary as evidence

Friesen, also from Dawson Creek, was immediately taken into custody by Mexican authorities and charged with femicide, the most serious domestic violence offence under Mexican law.

In 2024, Tiana Agnew testified at trial against Friesen, alleging Kiara Agnew had been subjected to years of abuse by him.

“He grinned at me the entire time” she said. “His eye contact was unwavering. He didn’t show any remorse.”

Tiana Agnew says her sister’s diary was entered into evidence, which appears to document escalating violence in the relationship, including an entry describing a drunken assault, with Friesen passing out and claiming not to remember what had happened the next morning.

“She would … go into detail about how sometimes he would abuse her so much that he would pass out, and she’d be like, ‘I think he’s going to kill me,’” Tiana said.

A “slam-dunk” case

Kiara’s father, Trevor Agnew, says prosecutors told him the evidence against Friesen was overwhelming.

“He said it was a slam dunk, it was an open and shut case,” he recalled. “He said the evidence pointed at only him.”

Eighteen months after Kiara’s murder, the trial judge delivered his verdict: Not guilty.

“For him to be let out, it was just awful,” Tiana said. “Now I have to worry about running into him when I’m with my son.”

The judge accepted the defence’s expert testimony that there was DNA from unidentified men under Kiara Agnew’s fingernails. The judge also concluded the severity of her injuries suggested the beating could not have been inflicted by a single person.

The ruling sparked protests across Canada, many of them organized by Kiara Agnew’s aunt, Tanya Agnew.

“We want Mexico to see that there’s people from all over Canada and we’re watching,” Tanya said.

The Bombshell development

As part of a W5 investigation into the crime, we returned to Mexico and attended a weekly media briefing where we asked the Quintana Roo deputy state prosecutor what was being done to bring justice to Kiara Agnew.

“We are confident and consider that it was established clearly, precisely, and beyond any reasonable doubt, the existence of the crime and the responsibility of the accused, Ryan,” Lugo Arana said.

The deputy prosecutor then dropped a bombshell, stating publicly for the first time that the verdict itself is now under formal review, and that she expects the acquittal will be revoked.

“We believe and we are confident that the second instance (of) judicial authority will issue a favourable ruling,” she said. “One that overturns the acquittal and allows us to obtain a conviction, to achieve justice for this deeply deplorable act against the victim, Kiara.”

Double jeopardy

Under Mexican law, a not-guilty verdict cannot be retried, similar to double jeopardy protections in Canada. However, Mexico allows for an appeal of the judge’s reasoning through a higher-court review. That magistrate has the authority to revoke, amend or uphold the verdict. That decision can then be challenged by either side.

The prosecutor would not give a timeline for when the ruling is expected, but W5 has learned that the appeal of the verdict was launched almost immediately following the not-guilty verdict in September of 2024.

Kiara’s Law

On their Facebook page, Justice for Kiara, Tanya Agnew has been relentlessly organizing protests, vigils, and letter writing campaigns, demanding Mexico re-examine the court decision that granted Friesen his freedom.

A petition has also been submitted to the House of Commons to enact what is being called Kiara’s Law. It would require mandatory forensic autopsies be conducted in Canada in suspicious death cases abroad. It would also establish enhanced consular services for victims’ families and amend the criminal code to give Canadian authorities jurisdiction in cases involving Canadian-on-Canadian violence in a foreign country.

This is part one of a three-part series investigating the murder of Kiara Agnew. Tomorrow, Ryan Friesen maintains his innocence as we learn more about what he claims happened the night of the murder.