A judge has ruled a confession in a 2015 deadly hit and run in Calgary cannot be used as evidence in a trial against the man who previously admitted to police he was behind the wheel.
Robert Varley walked free on Wednesday after Judge Rosemary Nation said Varley’s comments to police investigators were inadmissible on the charge of hit and run causing death.
Crown Prosecutor Thom Forsyth stayed the trial proceedings after the judge’s decision.
Judge Nation said police undermined Varley’s right to silence and not to incriminate himself with persistent questioning.
Police also offered Varley an inducement, which is illegal, saying that if he gave investigators information and confessed to the crime, he would get a more lenient sentence from a judge.
Varley is accused of hitting and killing 33-year-old Farida Abdurahman in a crosswalk on Centre Street N., in July 2015.
Abdurahman’s family members, including her 76-year-old mother who’d flown from Ethiopia for the trial, broke down in the courtroom and cried when they heard the judge’s decision.
WATCH: Iman Tewfik, a friend of Farida Abdurahman’s family, reads a statement after the man accused in Abdurahman’s hit and run death, Robert Varley, walked free on Wednesday.
The family said Abdurahman’s mother is returning to Africa brokenhearted and without justice for her daughter.
They have offered Varley forgiveness for his actions and say they do not blame Calgary police for the outcome.
“No, not at all. They were the people that were there for us and whatever they said, in our books, was correct,” Iman Tewfik, a family spokesperson told Global News.
In a 2015 videotaped statement played in court on Monday, Varley is heard telling police he was behind the wheel of the vehicle, A Buick Regal, that hit her. Varley had originally told police that someone had stolen his car.
The judge ruled on Wednesday that the confession was not voluntary and therefore inadmissible.
She went on to say the police persisted in their questioning despite Varley telling them 10 times his lawyer had advised him not to make any comments. Nation also said that police denegraded the lawyer’s advice, saying Varley was just a “paycheque” for his lawyer.
Varley’s lawyer said he hope the judge’s ruling sends a strong message to Calgary police.
“There are rules with respect to interrogations that are familiar to everybody, and so they were not followed in this case and the result is the result,” Steve Wojick said outside of court.
The Calgary Police Service (CPS) said Wednesday it takes the comments “extremely seriously.”
“As this matter could be subject to appeal, we are limited as to what we can say at this time,” CPS said in an emailed statement.
“Whenever there is a ruling of this nature, we commit to conducting a review to determine exactly what happened.
“If there are any lessons that need to be learned, we will ensure we follow up accordingly. Until we have further details, we are not able to provide additional comment at this time. Our thoughts remain with the family of the victim in this case.”
LISTEN: Rob Breakenridge fields calls from listeners to Newstalk 770 reacting to the ruling that Varley’s confession is inadmissable.
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