CAN’T PROVE CASE: CROWN

The evidence wasn’t there to lay charges against the Calgary police officer who shot and killed Anthony Heffernan, the Crown prosecution’s office says.

Eric Tolppanen, assistant deputy minister with the Alberta Crown Prosecution Service, explained his office didn’t feel it could prove beyond a reasonable doubt the officer was unjustified in his use of deadly force against the 27-year-old in a northeast Calgary hotel room 17 months ago. That’s why despite the Alberta Serious Incident Response Team’s suggestion a criminal offence might have occurred, no charges will be laid.

“We don’t commence a prosecution unless the evidence establishes a reasonable likelihood of conviction,” Tolppanen said. “This standard — reasonable likelihood of conviction — is a higher hurdle to overcome for the police standard for laying charges.

“At trial, there’s an even higher standard of proof.

“It was the available evidence and nothing but the available evidence that was considered by the Crown, nothing else, and the available evidence simply does not satisfy the Crown’s burden.”

The police watchdog and Crown went back and forth during the nearly year and a half this case was open, at one point calling in a use of force expert for an additional opinion.

ASIRT executive director Susan Hughson called Heffernan’s death“nothing short of an immense tragedy.” Tolppanen said likewise. “I want to say to the Heffernan family how sorry I am for your loss,” he said. “I know that this was not the result you had hoped to hear.”