Judge denies mistrial bid by trio of convicted police officers

Late disclosure from the Crown, including a pre-trial statement from the prosecution’s star witness, would not have changed the result of the trial of three Calgary police officers, a judge ruled Friday.

Justice Bryan Mahoney denied an application by lawyers for Anthony Braile, Bryan Morton and Bradford McNish to either stay their prosecution or declare a mistrial in their case.

Mahoney ruled police notes of a statement given by victim Akele Taylor before she testified in February, which were only disclosed in August, would not have made a difference in the trial result.

The Court of Queen’s Bench judge also said other material provided by the prosecution in September included “harmless and immaterial” evidence which didn’t impact the three officers’ right to make full answer and defence.

Mahoney said the additional material was inconsequential to the overall evidence the Crown provided in its original disclosure package, which included nearly 19,000 documents, 26 hours of audio or video tapes and 38,000 email and text images.

“The Crown met its disclosure obligations before and after conviction,” Mahoney said, in ordering the case to proceed to sentencing next February. “I find no real danger ... of a miscarriage of justice (based on the additional material). I find no significant evidence contained in the post conviction disclosure that would affect the outcome of the trial.”

Lawyers Pat Fagan, Jim Lutz and Paul Brunnen had argued the material, had they received it earlier, would have changed how they conducted their cases, including the cross-examination of Taylor.

In April, Mahoney convicted all three officers of unlawful use of a police computer database.

Morton and McNish were also convicted of breach of trust of a public office, and Morton and Braile were found guilty of criminal harassment and bribery.

The three had been hired to take part in a private investigation into Taylor, which was paid for by her wealthy ex-boyfriend, Ken Carter.

Braile was later fired from the force over an unrelated incident, while Morton and McNish were suspended without pay.

Last month a jury convicted Carter and retired Calgary Police Service detective Steve Walton of criminal harassment for the ongoing stalking of Taylor.

Jurors were unable to reach a consensus on a similar charge against Walton’s wife, Heather, resulting in Justice Glen Poelman declaring a mistrial on that allegation.