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On a voir dire, the court excluded Bediâs statements from Exhibit 24 onward, finding a reasonable doubt that RCMP conduct and inducements overbore his will.
The court held that Ernest Allan Hosackâs statement was voluntary and admissible, finding he had an operating mind and that police tactics did not overbear his will.
La Cour suprĂȘme rejette lâappel dans R. c. Grandinetti: les aveux faits Ă des policiers infiltrĂ©s nâexigeaient pas de voir-dire sur la voluntaritĂ©, et la preuve visant un tiers a Ă©tĂ© exclue.
The Court of Appeal dismissed an appeal from a second-degree murder conviction, holding the jury charge was adequate on fact-finding, exculpatory statements, and confession reliability.
Confessions obtained after unrecorded interrogations where recording was available and no adequate substitute was shown are inadmissible; the trial judge failed to identify indicia of reliability and improperly admitted the statements; the trial judge's identification charge contained errors that vitiated identifications on specified counts; without the statements several verdicts were unreasonable, so convictions on counts 1,2,3 and 5 are quashed and a new trial ordered on count 4.
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Voir dire on admissibility in a murder prosecution. The court held the accusedâs right to counsel was not infringed and the challenged statements and photos were admissible.
Given the persistent and deceptive interrogation techniques, threats concerning a person emotionally attached to the accused, lack of contemporaneous notes, extensive inaudible and unrecorded portions of interviews, the accused's limited sophistication and detention, the Crown failed to prove voluntariness beyond a reasonable doubt; therefore the statements and the tape recordings are inadmissible.
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