Murder charge against Chatham father dismissed over Charter rights violations
An Ontario judge dismissed the first-degree murder charge against David Thomas, accused of killing his daughter Bayli Sellars in 2022. The Crown has filed an appeal.
Charter violations lead to murder charge dismissal in Chatham-Kent case
A Chatham-Kent man accused of killing his 22-year-old daughter will not face trial after an Ontario Superior Court judge ruled that police violated his constitutional rights during the investigation, cbc.ca reports. The Crown attorney's office has filed an appeal against the ruling.
David Thomas had faced a first-degree murder charge in connection with the June 2022 death of Bayli Sellars, whose body was found after a fire at the family's home in Chatham. Ontario Superior Court Justice Brian Dubé determined that key evidence gathered by police was inadmissible due to breaches of Thomas's Charter rights, leading to the dismissal of the charge.
The case turns significantly on how Chatham-Kent police handled Thomas's cellphone in the hours following the discovery of his daughter's body. According to the court decision, Thomas was seated in a police cruiser when he became visibly distressed and threw his phone onto the ground near officers, shouting "what the f--k is this?" An officer retrieved the unlocked device, believing Thomas intended them to look at it, then viewed an image on the screen before scrolling through further images and messages.
Justice Dubé found that officers had no lawful grounds to seize and search the phone without a warrant or valid consent. The judge also noted significant inconsistencies in officers' accounts of who picked up the phone and examined its contents. The court concluded that Thomas had not surrendered his reasonable expectation of privacy by throwing the device to the ground.
The ruling addressed additional Charter violations related to Thomas's detention and questioning. Thomas was arrested in British Columbia in May 2024 on a Canada-wide warrant, and statements obtained by RCMP investigators during his detention were also excluded. While the judge noted there was "no evidence to suggest that the police engaged in oppressive conduct or made any threats, promises, or inducements to the accused," he found a "failure to provide proper caution" that, combined with the other breaches, rendered those statements inadmissible.
In a statement, Chatham-Kent police said they respect the independence of the judiciary and the appeal process. "The appeal will determine whether the evidence in question should be admissible at trial," police said. "It is important to recognize that the appeal process exists specifically to review legal rulings and ensure that significant questions of law are properly considered through the judicial system." The service added that it is "confident that our officers acted in accordance with their lawful duties and responsibilities."
Police also acknowledged the broader human toll of the proceedings. "We recognize the ongoing impact these proceedings have on the victim's family and loved ones. Our thoughts remain with them during this difficult time."
The Crown's appeal means the question of whether the excluded evidence should be reinstated will be reviewed by a higher court before any determination on a potential retrial is made.
Source: Google News CA — Crime (EN)