Greg Dunn says the top court’s 7-2 decision to uphold an Alberta Court of Appeal conviction against a Calgary man, coupled with new legislation eliminating the man’s defence of “evidence to the contrary,” will make it virtually impossible to prove a client has not consumed enough to be under the influence of alcohol.
In the News
CALGARY - The lawyer for a man dubbed the Beltline Rapist argued Wednesday his conviction should be overturned because illegal trickery was used to obtain key evidence. [The accused]'s DNA was used to link him to the rapes of two young women in the inner-city neighbourhood more than five years ago. Undercover police obtained the DNA by setting up a fake chewing gum taste test at a gas station parking lot in April 2004.
Dunn said provincial court Judge Marlene Graham should release [The accused], 26, on bail pending trail, arguing the Crown’s case isn’t open and shut. “An individual who’s trafficking in cocaine is not generally driving around in a 1999 Jimmy provided by his parent,” Dunn said. “It’s not a kid who’s living the high life by drug trafficking,” he said.
Gregory Dunn, [The accused]’s Calgary based lawyer, said his client welcomed the government's involvement. “They want an assurance the state of Arkansas will not be seeking the death penalty. That’s good news for [The accused],” said Dunn, following [The accused]’s fifth detention hearing where he was ordered to remain in custody for another 30 days.