Bottos Law Group is pleased to report that the first-degree murder charges against Mr. Philip Vanderwell were stayed by the Crown Prosecutors office, as there was “no reasonable likelihood of conviction” as reported in the Edmonton Journal on July 30, 2018. Mr. Vanderwell was represented by Dino Bottos.
This case illustrates the importance of preliminary inquiries to the fact finding process. The preliminary inquiry in this matter, which took place in December 2016, allowed both the Crown and Defence to assess the strength of their respective cases. In particular, the cross-examination of the police officers involved in this case, at the preliminary inquiry, by Mr. Bottos exposed several serious breaches of Mr. Vanderwell’s Charter rights, which likely played a role in the Crown’s decision not to proceed to trial.
This case is a reminder that it is always important to be aware of your rights under the Canadian Charter of Rights and Freedoms, and to seek legal advice immediately if you believe you may be involved as a suspect in a criminal investigation.