The accused was arrested for robbery and obstruct police.
After being convicted of obstruct police, he brought a Charter application seeking a stay of proceedings, alleging he was denied his right to counsel and gratuitously beaten by police in the fingerprint room.
The court found the s. 10(b) issue moot as the Crown did not seek to adduce the accused's statements.
The court dismissed the application for a stay, finding the accused's allegations of police brutality lacked credibility, were unsupported by physical evidence, and violated the rule in Browne v. Dunn as they were never put to the police officers during cross-examination.
