Kelowna Mayor Colin Basran
(ROB MUNRO / iNFOnews.ca)
June 22, 2023 - 10:21 AM
Crown prosecutors have stayed the charge of sexual assault against former Kelowna Mayor Colin Basran.
Basran was charged with a single count of sexual assault in December 2022.
However, according to a BC Crown Prosecution Service media release issued today, June 22, the charge has now been stayed.
The sexual assault was alleged to have taken place in May 2022, when Basran was the mayor of Kelowna.
Special prosecutor Brock Martland KC was put in charge of the file.
"Mr. Martland made the decision to direct a stay of proceedings after receiving further information from counsel for the accused and police investigators. After receiving this information, the special prosecutor conducted a careful review of all the materials and information available and concluded that the charge assessment standard for proceeding with criminal charges could no longer be met," the release says.
The release states that Crown prosecutors have to determine whether there is a substantial likelihood of conviction and, if so, whether the public interest requires a prosecution.
"In determining whether this test is satisfied, prosecutors must consider what material evidence is likely to be admissible and available at a trial; the objective reliability of the admissible evidence; and whether there are viable defences, or other legal or constitutional impediments to the prosecution, that remove any substantial likelihood of a conviction," the release states.
"(The) special prosecutor concluded that the standard was no longer met and earlier today directed a stay of proceedings."
During last fall's municipal election, Basran lost his seat as mayor to Tom Dyas.
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