The accused was charged with five offences arising from an armed robbery: two counts of robbery with a firearm, pointing a firearm, disguise with intent to commit an indictable offence, and threatening death.
The Crown's case rested entirely on eyewitness identification of the accused as the gunman.
The court found the identification evidence unreliable due to numerous frailties including the brief duration of observation, the shock and fear experienced by witnesses, the concealment of identifying features by clothing and a bandana, the minimal words spoken by the gunman, claims of voice disguise, and contamination of the identification process through pre-police discussion among witnesses.
The court acquitted the accused on all charges.