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Within the undercover sting, through which Calgary officers posed as members of a felony group, Dauphinais didn’t deny killing his spouse, however repeatedly stated he didn’t keep in mind what occurred at the moment.
Nation famous Dauphinais gave the undercover officers complicated and contradictory statements through the Mr. Large sting, which befell from Could 17 to twenty, 2018, “towards the background of the accused continually reaffirming that he had no recollection of the occasions.”
“The probative worth of the statements is weak,” she stated.
In ruling inadmissible the feedback Dauphinais’ daughter made to a social employee and law enforcement officials, the decide stated concepts had been typically put into the kid’s thoughts.
“Open-ended questions weren’t all the time requested,” Nation stated, in agreeing with defence lawyer Balfour Der the statements had been unreliable.
“There have been some main questions.”
The decide additionally famous the interviewers didn’t pursue feedback that had been inconsistent with Dauphinais being the perpetrator.
There have been “statements a few unhealthy man being in the home who was not her mom or father, different folks being in the home, quite a few individuals who got here in a van,” Nation stated.
The daughter informed police her father had come to the house that evening and locked her in her bed room earlier than she heard her mom scream.
The now-adult daughter, who can’t be recognized, stated she couldn’t recall making her statements.
McCaffrey stated a cautious evaluate was finished of Nation’s rulings earlier than the choice to remain the cost was made.
“Clearly, we thought that there was an affordable probability of conviction and we had been disillusioned within the choice, or the choices of Justice Nation, however upon session with senior prosecutors within the workplace, it was the evaluation of everybody that we’d most likely not win an enchantment and the perfect plan of action was to remain the cost,” he informed Postmedia.
On Twitter: @KMartinCourts