R. v. Walrath

R. v. Walrath

Polygraph evidence in the form of the operator's opinion was excluded because the opinion was founded on the accused's self-serving exculpatory statements and on underlying machine readings and interview recordings that were not admitted, leaving no factual basis to assess probative value versus prejudicial effect;...

Source-derived case information.

Citation
2001 BCSC 461
Parties
Crown: Regina; Accused: Earl Clewell Walrath
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 March 2001
Procedural Posture
Criminal Sexual Assault / Voir Dire on Admissibility of Polygraph Evidence During Trial
Outcome
Polygraph evidence (operator's opinion) excluded as inadmissible
Legal Topics
Polygraph Admissibility, Expert Evidence, Hearsay (principled Approach), Credibility, Opinion Evidence, Self Serving Statements
Source Language
english
Evidence Law Criminal Law Forensic Evidence Polygraph Admissibility Expert Evidence Hearsay (principled Approach) Credibility Opinion Evidence +1 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Earl Clewell Walrath

Accused

Procedural Posture

Criminal Sexual Assault / Voir Dire on Admissibility of Polygraph Evidence During Trial

Legal Issues

  1. 1 Whether polygraph operator's opinion that accused's denials were truthful is admissible
  2. 2 Whether the polygraph operator qualifies as an expert and whether his opinion falls within proper scope of expert evidence
  3. 3 Whether underlying data (charts, recordings, interview) must be admitted before operator's opinion is received

Ratio Decidendi

Polygraph evidence in the form of the operator's opinion was excluded because the opinion was founded on the accused's self-serving exculpatory statements and on underlying machine readings and interview recordings that were not admitted, leaving no factual basis to assess probative value versus prejudicial effect; binding Supreme Court precedent (Phillion; Beland & Phillips) and evidentiary rules support exclusion.

Court Disposition

Polygraph evidence (operator's opinion) excluded as inadmissible

Orders

  • Operator's opinions from the September 7, 1990 and October 17, 1998 polygraph examinations excluded from evidence
  • Underlying reports/charts/recordings of the polygraph sessions not admitted