B.C. government debates appealing to Supreme Court over acquittal of man accused of road-rage killing

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The case against Samandeep Gill collapsed over several years and his acquittal centred around detectives illegally seizing his cellphones and ignoring the Criminal Code’s evidence-retention rules

B.C.’s Premier says his government is reviewing whether to seek a Supreme Court of Canada appeal after a murder case was thrown out because the Lower Mainland’s RCMP-led homicide squad had a policy of ignoring Criminal Code rules for handling evidence.said he was very concerned over the British Columbia Court of Appeal’s recent decision to uphold the acquittal of a man accused of a “horrifying, profoundly disturbing” road-rage shooting that killed another man on his wedding day in 2011.

He said he has asked provincial Attorney-General Niki Sharma, who also spoke at the news conference, to review the February ruling with the BC Prosecution Service before deciding on an appeal, which would be a legal challenge he said other provinces would likely be keen to join. . Court heard an iPhone and two BlackBerrys revealed the accused had allegedly pocket-dialled his own phones and inadvertently recorded a two-minute audio account of the highway shooting in Surrey.

He ruled that the police unit deliberately ignored this law for more than a decade after Crown prosecutors had told the investigations team more than once that it needed to comply with the rules, which are spelled out in Section 490 of the Criminal Code.refused to criticize these detectives, instead telling The Globe that Ottawa needs to help police by overhauling “complex” layers of search-and-seizure laws spelled out in criminal legislation passed by Parliament.

 

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