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B.C. murder case goes 'static' after police 'unlawfully' obtain statement from youth suspect

B.C. murder case goes 'static' after police 'unlawfully' obtain statement from youth suspect

CBC
Friday, January 21, 2022 04:41:02 PM UTC

Failures by investigators to analyze evidence and properly caution a suspect in the 2016 death of a B.C. woman appear to have led to the case going "static" and a judge's refusal to let police keep evidence they've been holding for five years.

In a decision released this week, B.C. Supreme Court Justice Peter Edelmann said he accepted that "the murder of a young woman is among the gravest of offences and there is a significant public interest in the investigation of such crimes."

But the judge concluded he had no choice but to deny an application for further detention of a cellphone and biological exhibits homicide investigators have kept for years without proper authorization.

The decision is another setback for B.C.'s Integrated Homicide Investigation Team — the second time in less than a year a murder case has been impacted by an infraction of the rules governing evidence seized through search warrants.

B.C.'s Attorney General asked Edelmann to let IHIT keep the exhibits — even though the original period of detention expired long ago — on the grounds that it would be in the public interest to do so.

But the judge cited the homicide squad's lack of action on the file in denying the request.

"Unfortunately, resources have only recently been allocated to this investigation after a significant period of time when it was inactive," Edelmann wrote.

"It would appear clear that the assessment of investigators in 2016 was that, given the problems with the investigation, it was not in the public interest to devote more resources to it at that time."

The decision shines a light on a killing that has received no public attention to date. Police don't appear to have released the victim's name or any details about her death, which was reported to Richmond RCMP on May 5, 2016.

Edelmann made the ruling in late November 2021, and said he was of the view that it should be made public, but he gave the parties involved 30 days to make submissions on the need for further sealing and redaction.

The woman's body was found in the gym of a residential building. Analysis of key fob records showed the victim entered the gym the previous day and never left.

The key fob records also showed that a youth — J.D. — entered the gym shortly after the victim.

IHIT took charge of the case on May 6, 2016 and entered J.D.'s residence under the authority of B.C.'s Mental Health Act.

"The same day, investigators obtained a witness statement from J.D.," Edelmann wrote. "J.D. was a suspect at that time and was not cautioned or warned."

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