Judge rules against mistrial in Saskatoon murder case

Hales was arrested and charged based on what's known as a 'Mr. Big' sting operation. Undercover RCMP officers spent about three months in 2008 convincing him they were members of a national organized crime syndicate out to recruit him.

Hales was recorded giving graphic accounts of killing Bosse and then setting her body on fire in an abandoned garbage dump near Martensville. He subsequently led undercover officers to Bosse's remains, believing he was showing his newfound gangster friends the scene so they could destroy the evidence. He was arrested two days later and again admitted to killing Bosse while under police interrogation.

In what's now known as the Hart ruling, the Supreme Court outlined a new test for Mr. Big evidence. That ruling came down July 31 as Allbright was still working on a verdict. Previously, statements recorded in Mr. Big stings were treated as no different than an admission made to a person on the street. But, in overturning the conviction of Newfoundland's Nelson Hart, the high court declared the Crown would now be required to prove that any evidence obtained was of sufficient value to outweigh serious misgivings about the prejudicial effect of Mr. Big evidence at trial.

Hrycan argued that a new trial was the only way to fairly apply the new test outlined in the Hart ruling. He said it would be impossible for Allbright to separate himself from the evidence he'd heard throughout the month-long trial that wrapped up in June. Hrycan further argued that his cross-examination of the undercover officers involved in the sting and Hales' own testimony would have gone differently in light of the new rules.

In delivering his ruling, Allbright flatly rejected Hrycan's argument, saying judges are often called upon to discount evidence as they deliberate and that he'd be comfortable doing so if, after hearing all arguments, he felt that was necessary. Ultimately, Allbright said he probably would have declared a mistrial if there had been a jury present, but, since it was a judge-alone matter he decided it was better to proceed. He said both sides would have an opportunity to argue the Hart test at a later date.

Speaking outside the courthouse, Crown Prosecutor Matthew Miazga said he felt Allbright made the right call. However, he noted that the case was still a long way from being resolved.

Allbright set a court date of Oct. 22. At that time, the defence will apply to re-open its case and ask to call witnesses. Another date will have to be set to do that and Miazga acknowledged that it would be unlikely for any verdict to be reached before the New Year.

Family, friends and supporters stage awareness walk ahead of trial

Packed into the courtroom were Bosse's friends, family and supporters. They held a walk through the streets of Saskatoon Monday morning before Hales' trial resumed.

“It's been long and very tiring process on our whole family,” Bosse's brother Dana Muskego said.

“(Walking) is not necessarily to influence the decision but just to raise awareness that we aren't going anywhere.”

Muskego and around 60 other people walked from the Saskatoon Police Headquarters to the Court of Queen's Bench before Hales arrived.

“We are raising awareness on the issue of missing and murdered native women in Canada,” Muskego said, adding there are a lot more like his sister's story.

“It's an issue that can't be ignored anymore because more and more native women keep going missing every single year.”

The Bosse family organized the Walk for Missing Sisters and vigils to bring awareness to violence against indigenous women for years after her disappearance.

-With files from News Talk's Kelly Malone

news@panow.com

On Twitter: @princealbertnow

by Bryn Levy

Judge rules against mistrial in Saskatoon murder case

What's Trending