Woman cleared of assault at Canmore daycare denied costs

Susan Preece has lost her appeal to recover $30,000 in legal costs, despite her acquittal earlier this year on charges of assaulting children at a Canmore daycare.

Judge rules Susan Preece can't get legal costs covered by province

A Calgary judge has denied a request for legal costs from a former daycare operator acquitted of assault.

Susan Preece is the former owner and operater of the Dragonfly Daycare in Canmore.

She was found not guilty of seven counts of assaulting children at the facility in 2010.

It was determined that she had been targeted in an attempt to harm her business.

Preece's lawyer asked the court to have the province cover the legal bills for her defence. Preece was seeking $30,000.

She sold the business and left the community after the charges were brought against her.

Her lawyer said the case should never have come to trial.

But despite strong words from the judge about the motive of the witnesses, the court's finding was there was no evidence of any misconduct on the part of the Crown prosecutor.

"There was no bad behaviour, there was no lack of disclosure, there was no allegation of abuse, there was no finding of abuse, there was nothing here that the Crown did wrong," said Photini Papadatou of the Crown prosecutor's office.

Although Preece could file a civil lawsuit, her lawyer says it would be a long and resource heavy process with no guarantee of payment even with a favourable judgment.