The accused, a loss prevention officer at a retail warehouse store, was charged with two counts of theft over $5,000 under s. 334 of the Criminal Code following a coordinated diversion theft captured on store security footage.
The Crown alleged the accused orchestrated the diversion by sending other employees away from the store entrance to allow accomplices to remove merchandise.
The evidence against the accused was entirely circumstantial and relied heavily on video recordings and witness testimony describing the accused directing staff away from the entrance moments before merchandise exited.
The court found the Crown proved that a theft exceeding $5,000 occurred but held that the evidence did not establish beyond a reasonable doubt that the accused participated in the theft.
Suspicion alone was insufficient to meet the criminal standard of proof.
