At a preliminary inquiry, the Crown sought to commit the accused to trial on charges of break and enter, possession of break-in tools, and mischief arising from a sophisticated bank theft at a TD Bank in Burlington.
The accused were found hiding in a field shortly after the theft, in close proximity to admitted perpetrators and stolen property.
The Crown relied on circumstantial evidence including concrete dust and drywall particles found on the accused's clothing and tools in the accused Hickey's van.
The court discharged the accused on all counts, finding that the Crown's evidence was equivocal and speculative, failing to establish the essential elements of the offences beyond what a reasonable jury properly instructed could convict upon.
