1.   1996

Murder

Investigator:  Janie Duncan

Project:  Retained to investigate the alibi of one of the accused.

Background: In June, 1991, the deceased  was taking an early morning walk when he was attacked by several men.  He was beaten up and stoned to death. Four men were seen fleeing the from the scene. Four men were later charged for first degree murder in 1996.  We represented the law firm representing one of the accused who said he was innocent. 

Overview of Work Performed: 

After reviewing all of the police particulars and crown disclosure, the following investigation was conducted:

• The accused was interviewed and he claimed he was living in B.C at the time of the murder.

• A signed consent was obtained by the accused to obtain personal information on his  behalf for the purposes of the investigation.

• This investigation established the accused was in receipt of social assistance in the Province of British Columbia from October 1990 – December 1991.  He was in receipt of social assistance from October 1993 to April 1996 in Manitoba.

• Records obtained from the Social Assistance District Office in British Columbia   confirmed  the accused did in fact pick up his cheque at the District Office in  June 1991.

• The accused’s former roommate was interviewed.  He signed a statement admitting  to living with the accused in British Columbia at the time of the offense. We also confirmed the key crown witness that was alleged to have witnessed the murder was living in B.C at the time of the murder.

Results of the Investigation:

• The charges were stayed. 

2.  1997

Criminal Harassment

Investigator:  Janie Duncan

Project:  Retained by accused.  He was charged with Criminal Harassment. He maintained his innocence.

Background:  The complainant made a statement to police claiming that she was repeatedly followed by the accused on a daily basis on several occasions in 1997.    The accused denied the allegation, and maintained his innocence.

Overview of Work Performed: 

After reviewing the police particulars,  the following investigation was conducted:

• A background investigation was conducted on the complainant and it was established that she had made false allegations in the past.

• Her former boyfriend was interviewed.  He signed a statement indicating the complainant had accused him of rape and stalking after he attempted to initiate court proceedings to see his children. The boyfriend was never charged.

Results of the Investigation:

• The charges were stayed. 

Project:  We were retained by the accused’s mother to take statements.  The accused maintained his innocence and believed he was targeted by police.

Background:  The accused was charged with assault with a weapon and uttering threats to cause death or bodily harm  in    2001.   The complainant signed a statement claiming the accused threatened him as he alleged he owed him money.  He said the accused stabbed him in the stomach.  He identified the accused by a police photo line up. 

Overview of Investigation:

• Signed statements were obtained by several friends of the accused, and all of them said the accused was playing pool at his home at the time of the offense.  The accused lived in rural Manitoba.

• His cell phone records were examined, and it was determined that  several calls  long distance calls were made from his cellular  phone from his home in rural Manitoba.   These were long distance calls placed to Winnipeg. 

• A restaurant owner was interviewed. His restaurant was located near the alleged offense, and it was determined they had video cameras installed on his site but it was established that video footage is destroyed after three weeks.   

• This investigation confirmed a downtown business watch member had found the alleged victim in early July 2001.

• We interviewed a member of the Fire Paramedics Service, and discovered that the victim that was transported from the crime scene to the hospital   had a different identity than what he signed on the police statement

• Hospital staff were interviewed and confirmed  the victim’s identity was different than what police had recorded in their statement.  Their identification of the victim was the same as the paramedic records.   The complainant was interviewed at the hospital by the police.

• This investigation confirmed that the person that signed the police statement against the accused didn't’t exist.  His true  identity from public records showed he had a lengthly criminal record for break & enters, thefts, fraud, escape custody, assaulting  police officer.  He also had charges pending against him at the time he made the statement against the accused. 

• A witness had informed us police were looking for a male to a stabbing who was similar in appearance to the accused.   They were looking for this male when the accused was in custody.

Results of the Investigation

• Charges were stayed.

Project: Retained by a law firm to investigate on behalf of the accused. 

Background:  The accused was having a party and all in attendance were drinking alcohol until late hours in the morning.  Several witnesses were up playing games when the accused went to sleep in his room.  The complainant entered his room in the early morning hours.  She awoke and told her friends she was raped.  The accused admitted to having sexual relations but was adamant it was consensual. 

Results of Investigations:

• Witnesses at the party were interviewed and signed statements  confirmed   the complainant was drinking alcohol, and all said she was very intoxicated.

• One witness interviewed was still up at the time and observed her enter into the accused’s room where he was sleeping.

• The complainant’s friend was interviewed.  She said the complainant produced  her and her friends  a list  of  eighteen    men that she bragged about having sexual relations with.

Results:  Charges were discharged.

*Exact dates and names have not been included in our summary. 

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