Crown stays proceedings in sex assault case against former Kelowna mayor Colin Basran

Photo: Wayne Moore/file

UPDATE 12:23 p.m.

The former mayor of Kelowna, Colin Basran has released a statement following news that the criminal proceedings against him have been stayed by the Crown..

"I am deeply relieved that this matter is over. I want to thank those who stood by me during this difficult time. I will have nothing further to say on this matter and kindly ask for privacy at this time," says Basran in an emailed statement to Castanet.

Basran had been facing a single charge of sexual assault after a lengthy investigation into allegations of sexual assault were filed on May 11 of last year while he was still Kelowna's sitting mayor.

The charge wasn't levelled until after the municipal election was completed on October 15, 2022, when Basran lost his seat as mayor to Tom Dyas.

ORIGINAL 10:15 a.m.

Criminal proceedings against former Kelowna Mayor Colin Basran will not be moving forward.

On the day before Basran was scheduled to be arraigned on a single charge of sexual assault, special prosecutor Brock Martland directed a stay of proceedings in the case.

"Mr. Martland made the decision to direct a stay of proceedings after receiving further information from counsel for the accused and police investigators," the BC Prosecution Service stated in a news release.

"After receiving this information, the special prosecutor conducted a careful review of all the materials and information available and concluded that the charge assessment standard for proceeding with criminal charges could no longer be met."

The assessment standard is a two-part test according to the BC Prosecution Service, whether there is a substantial likelihood of conviction and, if so, whether the public interest requires a prosecution.

They suggest that standard is no longer met.

Basran had been charged after a lengthy investigation into allegations of sexual assault on May 11 of last year while he was still Kelowna's sitting mayor.

Charges were laid on December 7.

Martland, a high-profile criminal defence lawyer, was appointed as a special prosecutor in the case while Basran hired powerful Vancouver attorney Richard Peck.

Since that time, several court proceedings have been held and adjourned while Crown and defence attorneys worked through disclosure in the case.

During the last appearance June 6 Crown indicated police were conducting "further investigative steps," as a result of discussions arising from the sharing of information between the two sides.

"Those steps have generated some additional disclosure which has just recently been provided to the defence, and Crown expects and accepts defence will need time to review those materials before being in a position to arraign," Crown attorney Trevor Martin told the court at the time.

The announcement does not mean the case is completely closed. Crown has up to a year to bring the case back if new evidence is found that could affect the charge assessment standard, although that is incredibly rare.