Surrey Six convictions could be in question
Posted October 29, 2014 9:03 am.
This article is more than 5 years old.
VANCOUVER (NEWS1130) – It was something family and friends had been awaiting for years: the day guilty verdicts were handed down in the Surrey Six trial.
Those convictions may now be in jeopardy because of claims of police misconduct.
The Vancouver Sun is reporting Defence lawyer, Brock Martland says they have to do with officers Derek Brassington and Dave Attew.
Martland suggests Brassington and Attew hit on women while boasting about their work, had affairs with potential witnesses, and went to a weekend sex party during the investigation.
And he’s claiming misconduct by IHIT investigators on the file was a pattern.
Martland is trying to convince the judge in the case to hold a hearing about the allegations.
“The ultimate goal if he gets that hearing is to argue that the verdicts or that the charges should be stayed as a result of the misconduct of the police. If that were to happen and it would be a very unusual result, then the verdict of guilty really would be stayed for an abuse of process and essentially that would result in the accused being released because their charges had been stayed by the judge because of conduct of the police in relation to the investigation,” News1130 legal analyst, Michael Shapray says.
Allegations about an improper relationship involving Brassington came out four years ago — the claims about an affair involving Attew have just come out now.
“Often when there’s issues in relation to an investigation, the issue of whether or not charges should be stayed is delayed until after a trial. Obviously if there’s an acquittal or a not guilty verdict, then this issue wouldn’t be being raised right now. So, it’s being raised so that in the context of the whole case, the judge can determine how those allegations might have impacted the case, or whether or not the abuse of process is so bad that the charges should be stayed. So, there’s probably some strategy and there is some law that suggests these type of applications should be held until after a trial because they would be unnecessary if the verdict had been different,” Shapray adds.
He isn’t aware of another case involving claims of sexual misconduct to do with potential witnesses.
Both officers, and two others are facing criminal charges related to their work on the Surrey Six file.
Red Scorpions Matthew Johnston and Cody Haevischer were found guilty of first-degree murder and conspiracy earlier this month.
