The lawyer for a man once accused of second-degree murder is blaming 'malicious prosecution' for the charge being made in the first place.
Sawyer Robison, who is accused of trying to kill two RCMP officers in a February 2012 standoff, made headlines last week after the RCMP dropped a second-degree murder charge for allegedly killing his uncle Bradford Clark.
“We’re very pleased with the decision that was finally made this morning, although we are disappointed that it took so long for the prosecution to realize this,” said Robison’s lawyer Brian Beresh, speaking outside of the Camrose courthouse on Monday.
While Beresh said his client is relieved he is no longer accused of killing his uncle, he said questions still remain about why it took eight months for RCMP lay the charge and almost a year before it was officially dropped.
Calling the murder charge an act of malicious prosecution, Beresh said, "In our view, there was never reasonable grounds for that charge to be laid,” he said.
Instead, he said it was based on “a convoluted view of some so-called police expert, [whose] view was subsequently changed when the defence provided information and which was subsequently confirmed by US experts that were hired in the case.”
“There is a view held by my client’s family that the charge was simply a reaction to protect the reputation of the RCMP and that it was not based upon any solid evidence,” he added.
Now, Beresh said the defence may ask for a public inquiry into why the second-degree murder charge was laid in the first place, the existence and timing of which has never been fully explained, he said.
“There doesn’t appear to be a lot of logic to how things have unfolded”
CBC News has confirmed charges were dropped after four American forensics experts weighed in on the evidence –- all agreeing there was no proof Clark was murdered.
Alberta Justice spokesperson Michelle Davio said the crown prosecutor decided to drop the charge because there was no reasonable likelihood of a conviction.
Sawyer is still accused in the attempted murder of two Mounties as well as a number of weapons offenses.
The preliminary hearing is expected to continue through the rest of the week.