August 09, 2013 - 4:43 PM
KAMLOOPS - A man was found not guilty today of making a false 911 call after the Crown said the accused was trying to draw police away from a medicinal marijuana grow-op he intended to rob.
B.C. Supreme Court Justice Hope Hyslop found Justin Daniels not guilty of breaching an undertaking and falsely reporting a criminal offence committed in Merritt on March 10, 2013. In her decision today, Hyslop said the decision came down to proof of identity.
The Crown theory was that Daniels purchased a pay-as-you-go cell phone from 7-Eleven outside of his designated curfew hours. The Crown alleged Daniels then made a 911 call to police, reporting an assault near Princeton in order to occupy police. Daniels next went to try and rob a medicinal marijuana grow-op nearby, according to the Crown, as three of four of the cops on duty that night were kept busy with the phoney dispatch.
Video surveillance was shown from both the convenience store and the grow-op property, but Hyslop was not satisfied with the quality of either.
While the Crown alleged a tattoo on Daniels' neck was visible in the video, Hyslop said it appeared to be a 'darkened area.' She said there was 'little if no resemblance' of the man in video surveillance and the man in front of her on trial.
She also disagreed with RCMP who had identified Daniels after having dealt with him on numerous occasions.
"The Crown has not proved beyond a reasonable doubt," Hyslop said. "I find Mr. Daniels not guilty."
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News from © InfoTel News Ltd, 2013