A Regina man has been found not guilty of driving while disqualified after a judge ruled there were problems with a police photo lineup.
Shane Michael Longman was accused of driving a getaway car after a theft from a Canadian Tire store on North Albert Street in Regina on Dec. 5, 2012.
A plain-clothed security guard at the store spotted a man put merchandise into his coat and watched him leave the store without paying.
The man jumped into the passenger seat of a silver Monte Carlo. The guard described the driver of the car as an aboriginal man with short hair, a light moustache and a goatee. She said he had a teardrop tattoo on one cheek and two teardrop tattoos on another cheek.
The Regina Police Service later created a photo lineup of nine men, including Longman. Longman was the only person in the lineup with teardrop tattoos on his face.
The security guard chose the photo of Longman as being the driver of the Monte Carlo.
The judge ruled that Longman was not guilty.
In his decision he said that the photos should have contained at least 10 people, instead of nine. He also said that it was concerning that Longman was the only person with facial tattoos to appear in the lot.