“While these outcomes are regrettable, they are also rare, and do not reflect how seriously the Toronto Police Service takes these types of offences,” Toronto police said.
An attempted murder charge tossed by a judge this week — the fourth firearms case to collapse in the past two months due to Toronto police conduct — has sparked concerns about the force’s handling of gun cases.
“The public is owed both an explanation and an apology for this abject failure to ensure timely justice,” said Daniel Brown. The Superior Court ruling released Tuesday stayed all charges against Ismail Aden, including attempted murder, aggravated assault and discharging a firearm. Aden and a co-accused allegedly ambushed a man coming home from work in March 2020. The victim was shot several times and suffered life-threatening injuries.unless there are exceptional circumstances for the delay. Otherwise, the case must be tossed for violating an accused person’s constitutional right to a trial within a reasonable time.
He noted that while blame for police delays must formally rest with the prosecution, the Crown attorney in this case “did everything she could” to expedite the case and get the police to meet their disclosure responsibilities. There was also a delay in disclosing search warrant material, which ultimately prompted the adjournment of the second trial date in August 2022.
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