RICK MacLEAN: Evidence lost in a murder case? We need answers

It appeared in the “just the facts” style of reporting that is traditional when covering a court case.

“More than two years after the police arrested a man in connection with the murder of former schoolteacher Byron Carr, the Crown has withdrawn the charges because of the loss of evidence,” this paper reported.

But that opening sentence was hardly typical. We are, after all, talking about a MURDER case. In P.E.I. Hardly a place known for a long list of the most violent of crimes, one person killing another.

The details didn’t get any better the further you read into the story about the cold case from 1988.

“In a statement sent Oct. 13, the Crown Attorneys’ Office said it planned to withdraw all charges against Todd Joseph Gallant (he also uses the last name Irving) as a result of the loss of ‘extensive crucial evidence.’”

I covered, or supervised coverage of, more than my share of murders and attempted murders in my approximately 20 years as an editor and reporter in my small hometown. Murder was admittedly – and tragically – far more common there.

I have never. Ever. Not once. Heard of a case being shut down because the police were unable to find evidence collected during the investigation.

And this news broke at practically the last moment, as the news story explained.

“The matter had been scheduled in P.E.I. Supreme Court for a hearing on Oct. 13 at 11 a.m. Instead, Crown attorney Chris White informed Chief Justice Tracey Clements that both charges were being withdrawn.”

But the disaster had clearly been known for – at least – months, the story explained.

“In the statement sent before the matter was called in court, the Crown said that on Aug. 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.”

Astonishing. And I wasn’t the only one thunderstruck. So was Sally Pitt.

We worked together for years teaching journalism at Holland College before I retired. She was a big “get” for us when she agreed to join us part-time, teaching students broadcasting and law.

She had, after all, spent years earning her living doing both on P.E.I. She earned the respect of the legal community and she’s working on a book on this very case.

She was stunned by what happened too.

“I felt like someone had sucker punched me in the gut,” she said in one interview.

“Covering courts for roughly three decades, I have seen some major cases where the charges have been stayed because there’s been problems with evidence or witness testimony, that kind of thing.

“But for a major case to have the charges withdrawn, I’ve never seen it in a murder case ever here.”

A bit of tech-talk there. When the prosecution “stays” a charge they put it on hold. Why? The law spells out a couple of possible reasons: “no reasonable prospect of conviction based on the evidence” is one, “the prosecution does not serve the public” is another. They have a year to restart it.

Neither “stay” reason is likely to satisfy the public, but the law is what it is, a human invention which attempts to keep us from settling our disputes with sticks and stones, or gun and knives.

But for it to work, the public must have confidence in the process. Everyone who works in the justice system knows that. Or should.

So this case cries out for an open and complete investigation. And any results must be made public.

They will be cold comfort to the family of the victim, who thought they were going to finally get some answers. And whoever is responsible is likely well past the point where lifting the rock and showing the world how they bungled this case will result in anything meaningful in the way of repercussions.

But that’s not the point.

Provincial Justice Minister Bloyce Thompson knows it.

“We need to find out as many answers as we can,” he said. “I know it’s not going to help the family of Byron Carr, but if we can prevent this from happening again, that’s important.”

Apparently, Charlottetown’s interim police chief Darren MacDougall gets it too. He said they welcome an independent review and will co-operate fully.

“We recognize the importance of public trust and must ensure that safeguards are in place, so this doesn’t happen again.”

That goes without saying.

Rick MacLean is an instructor in the journalism program at UPEI. He lives in New Brunswick.