The applicant, charged with sexual assault and related offences, applied for certiorari to quash a DNA warrant issued under s. 487.05 of the Criminal Code.
The applicant argued that the affiant's evidence regarding the complainant's identification of him from wedding photographs and social media was speculative and tainted.
The court dismissed the application, finding that the issuing justice had sufficient credible evidence, including the complainant's identification and the presence of male DNA on her underwear, to form reasonable grounds to believe the applicant committed the offences and that his DNA would provide evidence.
