A first-degree murder charge has been dismissed against a Chatham father accused of killing his daughter in a fire over four years ago.
Bayli Sellars, 22, died in a house fire in Chatham in June 2022.
Justice Brian Dube tossed out the charge because David Thomas had his rights violated, and Chatham-Kent (CK) police evidence was inadmissible.
The Crown said there was no reasonable prospect of conviction, adding that they will be appealing the decision and seeking a new trial.
Arson and indignity to a human body charges were stayed.
Defence lawyer Michael Moon said Thomas didn't consent to his cellphone being searched by CK police before it was seized.
"Cellphones are the repository of massive amounts of data and police need justification and law to be able to do that [search]. The police officer in this case said it was investigative curiosity, which is not a justification of law," explained Moon.
Moon added there was a series of errors made by CK police which involved either ignoring or violating Thomas' rights.
"There was detention without ever telling him that he could have a lawyer, taking him to the police station and questioning him without ever letting him call a lawyer, and then when they found out that he was detained, moving him into another room and questioning him and never letting him speak to a lawyer," Moon said.
Moon added that the whole thing was a comedy of errors.
"There was one rookie cop, but there was a series of very experienced police officers. In fairness, some of these areas are nuanced, but they're well trod. If you've got five years in, you should know them," Moon added.
Sellar's family is disappointed, frustrated, and angry with the decision.
CK police also disagrees with the decision by Justice Dube.
An appeal will take a year.
Thomas was to have a lengthy jury trial in Chatham beginning on Monday.
