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Appeal dismissed in a first degree murder conviction. The court upheld admission of pre-hypnosis eyewitness statements and a Mr. Big confession and reenactment.
Judicial review under the Access to Information Act concerning RCMP withholding of records about the applicant’s deceased son; application dismissed without costs.
On a voir dire, the court admitted Mr. Big evidence against Thomas Bert Prins, finding the statements and firearm recovery highly probative and not abusive.
The court dismissed a defence application to cross-examine a witness about a polygraph, finding the evidence of little probative value, prejudicial, and the application untimely.
Oral ruling on whether S/Sgt. Clary could testify about witness management and Project Evenhanded matters, with hearsay concerns to be tested on voir dire.
After assessing the totality of the evidence the court accepted the accused's out-of-court confession to the undercover "Mr. Big" operation as true and proved beyond a reasonable doubt that the accused intentionally caused the death of her husband. The court rejected the defence theory that the accused's father killed the victim and found insufficient evidence of planning and deliberation to support first degree murder; the appropriate conviction is second degree murder.
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