TORONTO — Another prosecution case of a person caught with hard drugs has fallen apart because police refused him timely access to a lawyer.
In his decision, Ontario court Judge Patrice Band said admitting the drug evidence in the case of a man identified in court records only as L.D. would bring the system of justice into disrepute.
“The police violated L.D.’s right to counsel by deliberately delaying it upon arrest, and then failing to facilitate its implementation for a period totalling approximately 20 hours,” Band wrote in his decision.
“Despite the fact that the evidence is essential to the Crown’s case, the breach was so serious as to lead to the conclusion that the admission of the evidence in these proceedings would bring the administration of justice into disrepute.”