P.E.I. Crown withdrawing charges in Byron Carr murder case after loss of 'extensive crucial evidence'

More than two years after the police arrested a man in connection with the murder of former schoolteacher Byron Carr, the Crown says it is withdrawing the charges because of the loss of evidence.

In a statement sent Oct. 13, the Crown Attorneys’ Office said it planned to withdraw all charges against Todd Joseph Gallant as a result of the loss of “extensive crucial evidence”.

The Crown said that on Oct. 12, Charlottetown Police Services informed them a “substantial portion” of the physical evidence relating to Gallant’s prosecution could not be located.

That included what the Crown referred to as key exhibits central to the prosecution.

Gallant’s arrest was announced in January 2024, about 35 years after the investigation began.

Carr, who was a 36-year-old schoolteacher at the time of his death, was found strangled and stabbed to death in the bedroom of his Charlottetown home on Nov. 11, 1988.

As part of the investigation, the police had compiled what was believed to be the killer’s DNA profile and released a sketch of a male person of interest in the case.

In their attempts to solve the case over the years, the police also released a photo of underwear found at the scene that contained male and female DNA.

Gallant pleaded not guilty to first-degree murder and interfering with human remains, and a four-week jury trial was scheduled for Nov. 24 to Dec. 18.

He has been out of custody since July when he was released on conditions, including house arrest and electronic monitoring.

The statement issued Oct. 13 said the Crown immediately directed police to do a comprehensive review to determine the full extent of the loss and the circumstances surrounding it.

The Crown said that review confirmed the “overwhelming majority of the critical physical evidence” that was collected during the investigation has been lost.

“The review has also identified significant gaps in the identification, continuity and record-keeping of exhibits, raising serious concerns about the provenance and reliability of evidence that remains available.”

The statement said the Crown has a continuing obligation throughout every prosecution to assess the available evidence and determine whether there remains a reasonable likelihood of conviction.

Where that standard can no longer be met, the Crown said it is required to discontinue the prosecution.

“In this case, the loss of crucial evidence, together with the issues identified concerning the remaining evidence, means that there is no longer a reasonable likelihood of conviction and that the prosecution can no longer proceed.”

The Crown said the charges would be withdrawn in P.E.I. Supreme Court Oct. 13.

“This is a deeply disappointing outcome for our office and for the Crown attorneys who have worked diligently over the past several years to bring this matter to trial,” the statement said.

The statement also said the Crown Attorneys’ Office recognizes the impact this outcome will have on Carr’s family.