Saskatchewan’s attorney general is appealing the acquittal of a couple accused of plotting to kill their spouses on Tuesday.
Former lovers Angela Nicholson and Curtis Vey were originally found guilty in 2016, but the decision was overturned during a re-trial of their case in May.
In the acquittal, the judge ruled an iPod recording of the two could not be used as evidence because it was handed over to police without a warrant.
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The Crown described the recording as the crux of its case. It contains a July 2013 conversation between Vey and Nicholson in which the pair discuss killing their spouses.
Police, according to the defence, breached the charter rights of the accused by taking the item.
The judge also ruled their right to privacy was violated. The appeal argues the judge erred when she ruled the iPod evidence could not be used.
The case will be heard in the Court of Appeal, but so far no date has been set.
WATCH: (April 30, 2019) Sask. lawyers argue admissibility of iPod recording in alleged murder plot case
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