The accused, an O.P.P. sergeant, was tried on charges of breach of trust and attempting to obstruct justice arising from allegedly false entries on traffic notice and summons documents for speeding offences.
The Crown relied on inconsistencies between the officer notes and laser-device data, as well as an interview said to contain admissions.
Applying the W.D. framework, the court found the accused's evidence was not fully believable but also could not be rejected, particularly given supporting circumstances including the laser-use log, recovered notes, and significant confusion and misleading statements during the police interview.
Considering the evidence as a whole, the court was left with a reasonable doubt about whether the accused had the requisite intent to falsify the documents.
The accused was acquitted on all charges.
