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Homicide teams evidence policies prompt acquittal of B.C. man on murder charge
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British Columbia Attorney General David Eby listens during a news conference in Vancouver, B.C., Friday, May 24, 2019. Eby has appointed a lawyer to look into the possibility of an appeal in the case of Samandeep Gill. THE CANADIAN PRESS/Darryl Dyck
VANCOUVER – A British Columbia Supreme Court judge says the province’s homicide investigation team’s “systemic, flagrant disregard” for the charter rights of accused may impact hundreds of murder cases.
The police failure was uncovered in the case against Samandeep Singh Gill, who was accused of second-degree murder and attempted murder in a 2011 road rage incident in Surrey, B.C., that left one man dead.
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In a decision released online Friday, Justice David Masuhara excluded cellphone evidence gathered against Gill that the Crown said was necessary to its case, prompting Gill s acquittal.
Masuhara says the cellphones were held by police investigators for almost seven years without a judge s approval, and the failure to apply for an extension was part of a broader policy in place for the Integrated Homicide Investigation Team.
The court heard homicide investigators were given legal advice in 2007 saying they needed to follow search and seizure rules in order to protect their investigations, yet the rules weren t followed for another seven years.
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