Ontario’s top court ruled the breaches were serious enough to bring the administration of justice into disrepute
TORONTO — Police violations of the accused’s rights in two Ontario cases resulted in quashed convictions for child pornography and weapons offences on Tuesday.In the first case, the court ordered a new trial for Peter McSweeney, who was convicted in October 2017 of child pornography offences based in part on self-incriminating statements he made to police.
In one exchange, McSweeney made a self-incriminating statement, after which he was arrested. Questioning continued at the police station, and despite McSweeney saying he wished to remain silent after talking to a lawyer, he again incriminated himself. At trial, Ontario court Judge Mary Teresa Devlin allowed the accused’s statements as evidence over defence objections.
The court ordered a new trial, saying the now-excluded confessions were important but not critical to the prosecution. One officer strip-searched Mohammed in the parking lot, dropping his pants to his ankles. Police found nothing untoward. However, a search of his car turned up some cash, several cell phones, some cannabis and ammunition. Officers then asked if he had a gun, and he said he did, strapped to his pant leg. The officers arrested him, advised him of his rights, and took him to the police station, where they searched through his cellphone.
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