The applicants, charged with first-degree murder, brought pre-trial applications to exclude evidence under the Charter.
They alleged arbitrary detention, unreasonable search, and right to counsel violations.
The court found that the initial investigative detentions and arrests were lawful and that the examination of the accused's shoes did not violate section 8.
However, the court found a section 9 violation for both accused because the police deliberately delayed bringing them before a Justice of the Peace within 24 hours in order to obtain statements.
Consequently, the statements made at the police station were excluded under section 24(2).
The expert evidence regarding gunshot residue and footwear impressions was ruled admissible.
