Confession ruled out in fatal hit-and-run crash
Charges dropped after judge rules police undermined Charter rights of accused
Charges have been dropped in the death of a Calgary woman who was struck by a car in a crosswalk after a judge ruled a confession inadmissible on Wednesday.
Justice Rosemary Nation said police used improper tactics to get Robert Mark Varley to admit he fled the crash, which killed Farida Abdurahman.
Abdurahman, 33, was run down in a crosswalk at Centre Street and 43rd Avenue N., late in the evening of July 27, 2015.
In an interview the following day at police headquarters, Varley was grilled by Det. Mark Enright and Const. Dennis Vink, who asked how his car came to be involved in the crash.
Varley, 60, initially insisted someone must have stolen it from outside his northeast Calgary home before returning it after the collision. During the interview, he repeatedly said he wished to follow the advice of his lawyer and not talk.
Vink made several comments about the lawyer, which defence counsel Steve Wojick argued undermined the accused’s confidence in the lawyer.
Varley was also told a confession would be looked upon favourably by a judge.
“The inducement they held out to the accused was that he would likely get better treatment,” Nation said.
“It’s clear that the accused, having asserted his right to silence, was subject to police successfully undermining that right.”
She said the officers created an environment that effectively took away Varley’s Charter right.
Following her ruling, Crown prosecutor Thom Forsyth said there was no longer a reasonable likelihood of a conviction and stayed the charge of hit and run where a death occurs.
Before adjourning, Nation addressed the family and friends of Abdurahman present in court.
“I just want you to know that I did not make the decision that I made lightly in this case,” she said.
“Mr. Varley, I hope that you learned something from this experience and your conduct in the future keeps you out of the criminal justice system.”
It’s the fourth time Varley has avoided a criminal conviction for a driving-related offence.
In 2003 and 2011, impaired-related driving charges were dealt with in B.C. by way of traffic fines, and he was also acquitted of impaired driving in 2007.
Following the ruling, family friend Iwan Tewfik spoke on behalf of Abdurahman’s supporters.
Tewfik said the decision was an emotional one for them.
“We want to take the high road,” she said. “What happened today definitely was not what we were hoping for,” Tewfik said, her voice cracking with emotion.
She read a statement prepared by Abdurahman’s mother, Ayni Mohammed, saying they have forgiveness in their hearts.
Following court, Varley declined to comment.