Multiple Charter breaches call for new trial for convicted cocaine importer, appeal court says yyc
As a result, a three-member Court of Appeal panel ordered a retrial for Richard Muwanga Badu, with one justice finding “police blatantly disregarded constitutional rights.”
Wakeling agreed with Justice Ritu Khullar and Justice Anne Kirker that documents discovered during an illegal search of Badu’s northeast Calgary home were inadmissible.The Calgary man was convicted by Dario in 2019 on charges of cocaine importation and possession of cocaine for the purpose of trafficking in connection with his March 5, 2012, arrest.Article content
Under the Charter, a judge must consider whether admitting evidence obtained during a breach of an accused’s constitutional rights would bring the administration of justice into disrepute.The Crown conceded Badu’s rights were breached in four different ways by RCMP investigators, including an unlawful search of his home and a breach of his right to counsel without delay.
The warrant allowed for a search of Badu’s residence once the alarm was triggered, or eight hours after the package was delivered.
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