Sex assault charge dropped against former Kelowna mayor

The sex assault charge against Kelowna’s former mayor has been dropped, prompting his first comment on the matter since charges were announced months earlier.

“I am deeply relieved that this matter is over,” Colin Basran said in an emailed statement.

“I want to thank those who stood by me during this difficult time. I will have nothing further to say on this matter and kindly ask for privacy at this time.”

Very little insight has been offered on the case and what specific information came to light, causing the BC Prosecution Service to change its tack.

The BC Prosecution Service announced Thursday that Special Prosecutor Brock Martland KC directed the stay of proceedings of the single charge of sexual assault previously approved. Martland had been appointed to the role shortly after the alleged offense was announced.

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“Martland made the decision to direct a stay of proceedings after receiving further information from counsel for the accused and police investigators,” the statement read.

“After receiving this information, the Special Prosecutor conducted a careful review of all the materials and information available and concluded that the charge assessment standard for proceeding with criminal charges could no longer be met.”

The prosecution service only said that it applies a two-part test to determine whether criminal charges will be approved, and a prosecution initiated or continued.

Prosecutors must independently, objectively and fairly measure all available evidence against the two-part test that weighs whether there is a substantial likelihood of conviction; and, if so, whether the public interest requires a prosecution.

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Meeting this aim requires prosecutors to look at what evidence is admissable and available at trial, the objective reliability of the evidence and whether there are able defenses or other legal, constitutional impediments that would remove the likelihood of a conviction.

If prosecutors are satisfied that the evidentiary test is met, prosecutors must then determine whether the public interest requires a prosecution. The charge assessment policy sets out a non-exhaustive list of public-interest factors both for and against a prosecution for prosecutors to consider.

“This two-part test continues to apply throughout the prosecution. If, at any time, prosecutors conclude the standard is no longer met, a stay of proceedings is the appropriate course of action,” the BC Prosecution Service said.

“In this case, the Special Prosecutor concluded that the standard was no longer met and earlier today directed a stay of proceedings.”

Neither Martland nor the prosecution service will comment further on the matter, according to the statement.

In December, the B.C. Prosecution Service announced the single charge against Basran for an incident that allegedly occurred in Kelowna in May 2022 when he was mayor of the Okanagan city.

Kelowna RCMP investigated the incident and the findings were independently reviewed by the Nelson Police Department before a report to Crown counsel was sent to a special prosecutor, who approved the charge.