An Edmonton man accused in a hit and run that killed a Good Samaritan two years ago has been acquitted of all charges after a judge ruled against admitting key evidence because his Charter rights were violated.
Kieran Porter was on trial for failing to stop at the scene of an accident causing death and careless driving and in the death of Andrew Green.
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Green, 46, was struck and killed by a passing Porsche SUV while he was helping stranded motorists on Anthony Henday Drive road around 11:30 p.m. on June 13, 2012.
A voir dire, or a trial within a trial, was held to determine whether evidence could be admitted.
Porter filed a statement required under the Traffic Safety Act admitting that he was the driver of the vehicle.
But the Supreme Court has ruled that police cannot use accident reports in a criminal case so the statements were sealed. However, the judge found that the police improperly included that statement in the Information to Obtain a Search Warrant.
"In sum, evidence which the officers knew was inadmissible at trial was deliberately used in support of the authorizations, and the authorizing judge was not advised of that fact," Court of Queen's Bench Justice Donna Shelley wrote.
Without the report, investigators no longer had evidence showing that Porter was behind the wheel of the vehicle so he was acquitted.