The homicide cost towards Kenneth Dauphinais was stayed after a justice deemed proof from the Calgary Police Service’s “Mr. Huge” sting inadmissible.
Dauphinais was charged with second-degree homicide in 2018 within the dying of his ex-wife Terrie Ann Dauphinais.
Twenty-four-year-old Terrie Ann was discovered useless in her Citadel dwelling in 2002. Her three kids have been discovered protected inside the house.
In 2018, CPS charged her husband Kenneth with second-degree homicide.
Calgary man charged in 2002 death of ex-wife
In January 2020, Courtroom of Queen’s Bench Justice Rosemary Nation deemed proof that was collected throughout an undercover operation concentrating on Kenneth inadmissible.
Police used a “Mr. Huge” sting operation as a part of the investigation.
The tactic includes the accused being introduced right into a fictitious felony group the place the goal builds belief with undercover officers. Finally, the accused is put right into a scenario the place they may give particulars of the offence underneath investigation.
In her determination, Nation cited that there was an abuse of course of on the a part of Calgary law enforcement officials concerned within the operation.
“The police confirmed no idea of restraint within the stress they have been keen to placed on the accused,” Nation mentioned.
How do Mr. Huge sting operations work
In accordance with courtroom paperwork, the accused was initially advised that police have been going to arrest Kenneth as a result of they’d new data from an informant.
After the accused insisted that the informant was mendacity, undercover police created extra stress.
The accused was advised there was a manhunt out to seek out him.
Two uniformed law enforcement officials additionally visited the accused’s teenaged kids and knowledgeable them that their father can be arrested within the dying of their mom.
The accused was additionally remoted for 4 days, and undercover officers seen he turned extra paranoid and harassed.
Nation mentioned in her determination: “There was abuse of course of when one considers the mix of risk of lack of liberty, the stress amounting to coercion, the involvement of the accused’s kids and the psychological impact of the 4 days of confinement on the accused.”
Crown prosecutor Ken McCafrey mentioned that the prosecution believed there was an inexpensive chance of conviction.
Nonetheless, McCafrey mentioned that when the proof from the “Mr. Huge” operation was deemed inadmissible, the prosecution took the unlucky step of staying the cost.
Prison defence lawyer Balfour Der mentioned that his shopper was relieved on the determination.
Der acknowledged that it’s uncommon that “Mr. Huge” operations are dominated inadmissible in courtroom, particularly when abuse of course of is cited.
“Legally, it was a kind of instances the place we have been in a position to level out that police had gone too far of their investigation,” Der mentioned.
Police declined to touch upon the case.
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