Hales’ defence calls for the case to be reopened

Watch above: Douglas Hales’ trial may be re-opened in light of SCOC ruling on Mr. Big stings

SASKATOON – It will now be up to a judge whether or not the first-degree murder trial for Douglas Hales is reopened.

In September, the trial judge rejected an application for a mistrial. Now, the defence is asking for the opportunity to call more evidence after the Supreme Court of Canada ruled “Mr. Big” stings can induce unreliable confessions.

In 2008, Hales was the target of a “Mr. Big” sting which led to his arrest and a first-degree murder charge was laid in the death of  Daleen Bosse, a mother of one who vanished in the spring of 2004.

“There’s not a clear outline of what proposed evidence there is so it’s difficult for the court then to make a decision on it’s relevancy,” said Crown prosecutor Matthew Miazga.

On Wednesday, defence lawyer Bob Hrycan summarized his arguments to reopen the trial in one word “fairness.”

“Fairness requires that the judge reopen and allow us to call this evidence.”

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The evidence would be psychological in nature and will come six years after Hales confessed to undercover officers he killed Bosse. He then led them to her remains.

“We know from the Supreme Court of Canada that they now considered it important, they now have instructed trial judges to consider the reliability of a statement made by a “Mr. Big” target in the context of that individual’s susceptibilities and malleabilities,” said Hrycan.

However, the Crown said it has concerns about the length of time that has passed.

“It’s not been made clear to me how a psychologist or psychiatrist would be able to assess somebody’s mental state six years in the past based on seeing them today,” explained Miazga.

If the case is reopened, the defence wants the court to approve funding for Hales’ to receive a psychological evaluation and plans to call Dr. Ley as an expert witness.

“He is a psychologist and he is somebody who has testified before in Mr. Big cases and I know that his evidence has been accepted by the courts in those cases but it is relatively rare that that occurs,” said Hrycan.

During Wednesday’s arguments in Saskatoon, the defence told the judge that it’s apparent Hales has cognitive issues.

“An individual can present as superficially capable and yet be experiencing significant cognitive defects which can only be determined and measured upon testing.”

The Crown argued that if there was a concern about Hales’ psychological make-up, it would have been evidence already presented, adding that reopening the case will also cause unnecessary delays to an already lengthy process.

“That’s one of the factors that the court needs to take into account in determining whether a case should be reopened and that is whether it will have a negative impact on the orderly and expeditious conduct of a trial and the Crown argued it may well have an impact simply because of the length of time this matter has been before the courts which is now approaching six and a half years.”

Hrycan admitted he’s never experienced a trial quite like this one.

“I don’t think anybody has had a trial where an entire burden of proof changes halfway through, it’s unprecedented so it’s one step at a time.”

Judge Allbright has set Nov. 14 as the day he will rule on whether or not to reopen the case. He will also provide counsel with his decision in writing before that date.

During the trial, Hales testified that Bosse died of alcohol poisoning after the two were drinking together. When he couldn’t find a pulse, he panicked and burnt her body in a wooded area north of Saskatoon.

Based on the evidence from the RCMP “Mr. Big” sting, Hales admitted to choking Bosse in the early morning hours of May 18, 2004.

“I felt, ah, all the anger out of everyone that’s f#*%ed  around with me, I f#*%ing took it out on her,” said Hales, transcribed from the audio recording during the sting when Hales led undercover officers to the remains on Aug. 7, 2008.