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Mountie acquitted

4 p.m.update:

RCMP officer Micah Chan has been acquitted of charges of dangerous driving.

More details to follow.


2 p.m. original story

RCMP officer Micah Chan will find out this afternoon whether or not he has been acquitted of charges related to dangerous driving, after a pursuit of a vehicle lead to the death of Courtenay Brianne Eggen.

In a surprise move Wednesday, Chan’s defence lawyer did not call a single witness once the Crown wrapped their case. Instead Neville McDougal entered an application of no evidence, meaning the defense argued there was never any evidence to prove the case that Chan drove dangerously.

Judge Wallace dismissed that application Thursday morning, saying she believed there was some evidence to support the charge of dangerous driving.

The question now is whether there is enough evidence to convict him of the charge.

Chan’s defence lawyer does not believe there is enough evidence and has been entered for a second application, this time for lack of evidence to convict. Chan’s lawyer told the judge that he believes there is not enough evidence to convict Chan beyond a reasonable doubt. And without enough evidence his client must be acquitted of the charge.

Now Judge Wallace must decide. She asked for a three-hour recess Thursday to come to a decision and is expected back in the Salmon Arm courtroom at 3 p.m. to relay that decision. 

If she is agrees with defence council and approves the application, Chan will be acquitted of the charges. If she disagrees however, defence will no longer be able to argue their case and a conviction is likely.

We will have the judge’s decision when it comes down this afternoon (Oct. 30). 



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