A man in Prince Rupert called police to allege that he had just been brutally beaten by a young man and a group of his friends and that they also stole a number of expensive pieces of jewelry. The police began combing the area and found the client and his two friends waiting in line at the local McDonald’s restaurant. When the police asked to speak to the client he was observed to throw something into the garbage. When the garbage was searched a ring was found that was the same ring the man claimed to have stolen from him after being beaten. The client was charged with robbery and possession of stolen property. After reviewing the case the client followed Mr. van der Walle’s advise and pled not guilty and put the matter down for trial in Supreme Court with a preliminary inquiry to be held first in Provincial Court. It was the defence’s position that the police had flagrantly violated the client’s rights by illegally arresting him, not providing him with timely access to counsel, and conducting a strip search without sufficient grounds. As the preliminary inquiry approached the Crown obviously came to their senses and realized that the defence’s position had merit and the Crown dropped the charges by entering a stay of proceedings. Not guilty, no trial necessary.
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