Sydney, N.S. (Canadian Press) – Shoddy work by the RCMP was cited Monday as one of the reasons for staying a sexual assault charge against a Cape Breton man who was mistakenly released from jail earlier this year.
Douglas Edward Young, 23, of Eskasoni was released from custody Monday after the Crown’s decision.
Young pleaded guilty to two counts of breaching court orders and received a sentence of one day in jail served by his presence in court.
Young spent two months behind bars awaiting trial on the sexual assault charge.
In entering a stay, the Crown has one year in which to reinvestigate a case and refile the charge.
Prosecutor John MacDonald said the stay was entered because of the recent discovery that RCMP video of statements given by the complainant were audible in parts when they had previously been deemed inaudible. The tapes were never turned over to the defence because it was believed there was no sound.
Defence lawyer Alan Nicholson argued his client was prejudiced by RCMP investigators who failed to take a statement from the accused until 22 months after the complainant came forward with the allegation. The offence was alleged to have occurred in November 2004.
Nicholson said he had never been involved in a case like Young’s before and agreed with the suggestion that the police investigation was shoddy.
Young was mistakenly released from the Cape Breton Correctional Centre in January after serving time on an unrelated charge.
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