The trial of Jason Tait was not held at the Nelson courthouse because of COVID-19 restrictions but at Nelson’s Capitol Theatre. Photo: Bill Metcalfe

The trial of Jason Tait was not held at the Nelson courthouse because of COVID-19 restrictions but at Nelson’s Capitol Theatre. Photo: Bill Metcalfe

Jason Tait trial: Investigating agency defends decision to prosecute

Independent Investigations Office and Crown say there was enough evidence to go to trial

B.C.’s Independent Investigations Office (IIO) has defended its investigation of the death of Waylon Edey at the hands of RCMP officer Jason Tait, who was found not guilty of manslaughter by a jury in Nelson on Nov. 6 after a six-week trial.

During the trial, Tait’s lawyer David Butcher called the IIO investigator “incompetent” and the investigation “rubbish.” He said the case did not have enough merit to be referred to the Crown for prosecution and he criticized the Crown for accepting it and conducting a trial that cost “millions of dollars.”

The IIO is a provincial civilian agency that investigates incidents in which a person is killed or injured by a police officer.

In an interview with the Nelson Star after the trial, Ronald MacDonald, the chief civilian director of the IIO, pointed out that in a preliminary inquiry in January a provincial court judge decided there was enough evidence to take the case to trial.

Preliminary inquiries are a procedure designed specifically to make sure there is enough evidence to warrant the expense and effort of a trial.

MacDonald disputed Butcher’s accusations and said, “This trial was not about the competence of the IIO investigation. It was about whether or not the officer in this case had breached the criminal law.”

He said the fact that a jury found Tait not guilty should not lead to the conclusion that the case should not have gone to trial.

The provincial Crown office also sent the Star a response to Butcher’s criticism.

Dan McLaughlin said the Crown applies a two-way test to decide whether to approve charges: There must be a substantial likelihood of conviction based on the evidence gathered by the investigating agency, and the prosecution must be in the public interest.

“The [BC Prosecution Service] approved charges in this case after concluding that the charge assessment standard for proceeding with criminal charges was met,” McLaughlin wrote.

“The same standard is applied to all reports to Crown Counsel. While the verdict in this case is not the result the BCPS advocated for, we respect the jury system and the judicial process that supports it.”

Related:

Nelson jury finds RCMP officer Jason Tait not guilty

Defence begins presenting evidence in Nelson jury trial of RCMP officer

Trial of RCMP officer begins in Nelson’s Capitol Theatre



bill.metcalfe@nelsonstar.com

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A pedestrian looks over a vigil set up in Nelson on Friday to mark National Day of Remembrance and Action on Violence Against Women, which is held Dec. 6 to commemorate the 1989 École Polytechnique massacre that killed 14 women and injured 10 others. Photo: Tyler Harper
Demand for safe space increases in the fall at Nelson’s transition house

The eight-bed service for women and children fleeing domestic violence has been full since Oct. 1

COVID-19. (Image courtesy CDC)
81 new cases of COVID-19 detected in Interior Health Friday

One additional staff member at Kelowna long-term care home tests positive, no new deaths

Interior Health says Salmo’s COVID-19 cases have been contained. Photo: Wikimedia Commons
Interior Health: Salmo’s COVID-19 cases are contained

Every person who tested positive has recovered

Pitchfork Eatery’s staff pose with its two Burger Month trophies. L-R: Tao Measures, Michael Hall, head chef Josh Mateschitz, Prabh Gill, John Rutherford, Ben Handly. Photo: Laura Gellatly
Pitchfork Eatery, Kurama Sushi voted Burger Month winners

Pitchfork won two awards while Kurama won Most Original

Nelson schools have stopped recycling anything except cardboard because they are unable to separate recycling to the satisfaction of Waste Management Inc., the contractor that picks up and ships recycling. Photo: School District 8
Nelson schools cut back on recycling

Recycling pick-up contractor says there is too much contamination in the bins

Unofficial holidays: Here’s what people are celebrating for the week of Dec. 6 to 12

Mountain Day, Dewey Decimal System Day and Lard Day are all coming up this week

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Montreal Alouettes’ Michael Sam is set to make his pro football debut as he warms up before the first half of a CFL game against the Ottawa Redblacks in Ottawa on Friday, Aug. 7, 2015. Sam became the first publicly gay player to be drafted in the NFL. He signed with the Montreal Alouettes after being released by St. Louis, but abruptly left after playing one game. THE CANADIAN PRESS/Justin Tang
Study finds Canada a ‘laggard’ on homophobia in sports

Among females, 44 per cent of Canadians who’ve come out to teammates reported being victimized

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

Apartments are seen lit up in downtown Vancouver as people are encouraged to stay home during the global COVID-19 pandemic on Thursday, Dec. 3, 2020. British Columbia’s deputy provincial health officer says provincewide data show the most important area B.C. must tackle in its response to the COVID-19 pandemic is health inequity. THE CANADIAN PRESS/Marissa Tiel
Age, income among top factors affecting well-being during pandemic, B.C. survey shows

Among respondents earning $20,000 a year or less, more than 41 per cent reported concern about food insecurity

Information about the number of COVID-19 cases in Abbotsford and other municipalities poses a danger to the public, the Provincial Health Services Authority says. (Photo: Tyler Olsen/Abbotsford News)
More city-level COVID-19 data would jeopardize public health, B.C. provincial health agency says

Agency refuses to release weekly COVID-19 case counts, citing privacy and public health concerns

Most Read