Key evidence in deadly Prince George arson to remain in trial

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Key evidence in deadly Prince George arson to remain in trial
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Lack of timely access to counsel not enough to dismiss statement Justin Kyle Aster gave to police, judge concludes

A potentially key piece of evidence will remain before the court after a B.C. Supreme Court Justice found the RCMP's failure to provide timely access to counsel fell short of the threshold needed to have it excluded from a trial for a man accused of a deadly fire.

Three days after the fire, RCMP took Aster in for questioning but he was not charged. However, he remained a suspect and, on September 16, 2020, he was picked up once again and this time arrested and charged. At issue was whether the statement should be admitted as evidence in the trial proper. In a decision issued Friday, Justice Margot Fleming found that although the RCMP failed to provide him timely access to counsel, it was not enough to bring the administration of justice into disrepute.

Even then, Aster had to wait because it was being used by another detainee and an offer by that person's arresting officer to let Aster jump the queue was turned down by his arresting officers.

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