Two Crown lawyers in Hamilton made serious errors during a murder trial, leading a Superior Court justice to issue a rare judicial stay. This decision halted the trial and cleared the accused, Salomon Bashir, of second-degree murder charges related to Everton Frost’s death. Justice Giulia Gambacorta criticized assistant Crown attorneys Michael Dean and Steve Kim, along with Hamilton police, for their lack of diligence in handling crucial DNA and cellphone tower evidence, which compromised Bashir’s right to a fair trial.
The mishandling of evidence included the failure to disclose vital DNA and cellphone tower information to the defense before the trial, leaving Bashir’s legal team unprepared. Gambacorta deemed this conduct as violating principles of fairness and undermining the judicial process, warranting an “extremely rare” judicial stay as a remedy.
The arrest of Bashir in connection with Frost’s shooting death in December 2022 saw the emergence of new DNA evidence linking Frost’s brother to a key DNA sample found on a mask believed to be worn by the suspect. Despite possessing this critical evidence, Hamilton police delayed informing the Crown’s office and the defense until well into the trial proceedings.
Additionally, the Crown’s failure to disclose the use of cellphone tower data and expert witnesses until the last minute further compounded the errors. After these lapses were exposed, the defense sought a stay of proceedings, which was granted by Gambacorta due to the Crown’s conduct meeting the threshold for such a drastic measure.
The defense lawyers highlighted the significance of the judicial decision in upholding fair trial rights and restoring public confidence in the justice system. They expressed concern over the lack of accountability shown by the Crown’s office and emphasized the importance of avoiding similar outcomes in the future. Bashir, who had maintained his innocence throughout, was denied the opportunity for a fair trial, underscoring the broader impact on both him and society.
The judge’s ruling serves as a critical safeguard of Canadians’ fair trial rights and the principles enshrined in the Canadian Charter of Rights and Freedoms, signaling a necessary step to address systemic failures in the legal process.