Watch above: Judge rules against mistrial in Douglas Hales first-degree murder case
SASKATOON – After hearing arguments related to a recent Supreme Court of Canada ‘Mr. Big Sting’ decision, a Saskatoon judge has ruled against a mistrial in the Douglas Hales first-degree murder trial.
The mistrial was not granted despite major concerns voiced by defence after the Supreme Court ruled the controversial Mr. Big technique can induce people to make confessions that are unreliable and prejudicial.
Stings can still go on but confessions obtained this way are no longer admissible unless the Crown can prove otherwise.
As a result, Nelson Hart, a man convicted of drowning his twin daughters, was released.
On Monday, both the defence and the Crown made final submissions to Judge Allbright on the possible implications of the Supreme Court ruling on the trial.
In 2008, Hales was that target of a Mr. Big sting operation, which led to his arrest in the first-degree murder of Daleen Bosse in May 2004.
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The technique was central to the Crown’s case in the trial.
According to the Crown, while Hales was a suspect from the outset, there was no evidence to justify charging him with the death of Bosse.
Four years later, officers posing as criminals got Hales to confess to choking Bosse and led them to her remains.
Calling for a mistrial, the defence compared the Supreme Court’s ruling in the middle of Hales trial to ‘pouring the foundation to a three bedroom home only to be told you have to build a luxury condo’.
“If Mr. Hales were being tried today, those statements would be inadmissible, not that they would admissible and that changes everything,” said Bob Hrycan.
The Crown argued that unlike the Hart case, there was powerful confirmatory evidence in Hales statements to undercover officers, stating that the details he gave them were elaborate and accurate.
“Perhaps the most important part of that is that Mr. Hales took police, undercover police officers to the site of Daleen’s remains which was previously unknown to the police,” said Senior Crown Prosecutor Matthew Miazga.
“That was probably the most powerful piece of confirmatory evidence but there was all sorts of detail that was confirmed by other evidence in this case.”
Court is scheduled to resume on Oct. 22, when arguments will be made by the defence to have the case reopened to call additional evidence.
The defence confirmed it will likely call two more witnesses to the stand and expects it to be psychiatric in nature.
A verdict in this trial could come next year.
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