The appellants appealed a Court of Appeal order setting aside their acquittals for first degree murder and directing a new trial.
The Supreme Court held that the trial judge erred in excluding a key Crown witness on the basis of taint, because the issue went to weight rather than admissibility.
The Court further held that the subsequently released decision in Carosella did not apply, as there was no finding or evidence of deliberate police failure to create records to avoid production.
The appeal was dismissed.
