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HALIFAX The Nova Scotia Court of Appeal has ordered a new trial for two special constables convicted of criminal negligence in the suffocation death of an inmate at a Halifax police lockup.
The three judges unanimously ruled Thursday that Supreme Court Justice Kevin Coady erred in his instruction to a jury, adding that their full written reasons will be provided at a later date.
The decision came after the Appeal Court judges heard arguments from lawyers for Daniel Fraser and Cheryl Gardner, who were found guilty in November 2019 in the jail cell death of Corey Rogers.
A medical examiner determined Rogers died of suffocation on June 15, 2016 while lying in a cell with a spit hood covering his mouth as he appeared to be vomiting. ....

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