Charges of possessing child pornography and luring were dropped against Tyler James Nowek due to a lack of evidence.
Image Credit: Global Okanagan (with permission)
July 12, 2016 - 1:28 PM
KELOWNA – A West Kelowna man charged with making child pornography and luring a child will not be prosecuted.
Tyler James Nowek, 29, was arrested in the spring of 2014 after police executed a warrant to search a West Kelowna business he co-owned. The warrant was granted after Nowek allegedly engaged in an online chat with an undercover officer pretending to be a 13-year-old girl.
According to his lawyer, charges of making child pornography and luring a child have been dropped because crown lawyers felt they did not have enough evidence for a conviction.
“Crown Counsel has quietly terminated the prosecution of Tyler Nowek, who was arrested and charged in April of 2014 with child exploitation related offences,” Joven Narwal writes. “The prosecution was ultimately terminated on July 4, 2016, nearly six months after an application for constitutional relief was filed by his lawyer in B.C. Supreme Court alleging that members of the B.C. Integrated Child Exploitation Unit and other investigators had engaged in a serial pattern of disregard for Mr. Nowek’s constitutional rights in the investigation.”
The email says Nowek maintained his innocence throughout the proceedings and he and his family are now faced with rebuilding their lives.
“The allegation alone is highly stigmatizing and in the wake of the devastation caused by this unsuccessful prosecution, my client will need to rebuild all that has been lost and come to terms with the fact that many of his dreams and aspirations lay around him scattered and trampled upon,” Narwal writes. “Thankfully Mr. Nowek has the support of his family and the many friends who stood by him through this ordeal and he remains optimistic that through their support, he will be able to recuperate from his losses and move forward.”
— This story was updated with information from Nowek's lawyer at 10 a.m. July 13, 2016.
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