Vancouver, B.C. (UPI) – Authorities say they are considering appealing a court ruling dismissing charges against a Canadian police officer because a piece of evidence was destroyed.
The court last week tossed out charges against Royal Canadian Mounted Police Cpl. Darren Baker, finding that prosecutors failed to turn over evidence, the Canadian Broadcasting Corp. reported Thursday. The evidence in question was a videotape of Baker being given a sobriety test at a police cellblock.
Prosecutors overlooked a defense request for the tape and by the time the mistake was caught, the tape was no longer available because it had already been recycled, the report said.
British Columbia Attorney General Wally Oppal told CBC News prosecutors are evaluating whether to appeal the decision to drop the charges against Baker.
“It’s serious, we know that, and we are not particularly happy with the results,” Oppal said. “We will have to look at the reasons for judgment. The criminal justice branch will review them. I will review them. And from that it will be determined whether or not the case should be appealed.”
Baker was arrested in December 2007 and charged with impaired driving.
Prosecutor Neil MacKenzie said the videotape was not the only evidence against Baker.
“There would have been other evidence, and the Crown would have presented that other evidence,” McKenzie said, “however, the court ruled that the loss of this potential evidence interfered with the accused’s right to a fair trial.”
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