The failure to save a simple drawing has led to the acquittal of a man convicted of driving while using an electronic device in Surrey.
The man had jotted a diagram during the original trial and the BC Supreme Court has ruled since it wasn’t preserved as an exhibit, a proper review of the case can’t be done.
A Vancouver lawyer says the decision could have implications on the way traffic court operates.
Kyla Lee says it’s not unusual for drawings brought up in traffic court to not be saved. “This is a practice that goes on all the time, in some respects, it has been the unwritten rule of traffic courts.”
But with the BC Supreme Court decision, she thinks that’ll come to an end.
“I think we’re going to see now a very clear and discerned effort by judicial justices of the peace to ensure exhibits are marked and preserved.”
Lee also believes other traffic ticket convictions may now be overturned.
“Everybody had the best of intentions and nobody was trying to cause a miscarriage of justice. As soon as there is a miscarriage of justice it becomes a very serious issue.”
That could account for hundreds of cases.
“All these people didn’t have a fair trial because their evidence that they introduced in court wasn’t preserved, that could lead to those convictions being overturned and I think it would be appropriate.”
Read the news story here.