– Crown felt guilt could not be proven beyond reasonable doubt –

(OSOYOOS TIMES — April 11, 2007) –

By Julie TurnerrnOsoyoos Times

The Osoyoos Times has learned that Michael Ellis, whose trial was set to begin Wednesday, April 4 in Penticton Provincial Court, walked out of jail Thursday, March 29.
The Crown dropped all charges because it decided, after speaking to witnesses and reviewing its evidence, it would not be able to prove its case beyond a reasonable doubt.
Michael Ellis was facing charges of theft over $5,000, possession of stolen property over $5,000 and possession of a dangerous weapon (a chainsaw).
The charges stem from an incident in Bridesville July 24, 2006 during which citizens alleged they saw Ellis in a stolen Ford F350 truck and followed the driver to a residence on Mount Baldy Road in Oliver. There, one man blocked the entrance to the road with his own vehicle and made a citizen's arrest while another person went to flag down a police car, but Ellis managed to escape on foot.
Michael Ellis was subsequently arrested, along with his brother Christopher, at a residence in Osoyoos July 26.
His attorney, Jim Pennington, told the Times he believes the Crown would not have been in a position to prove the charges against my client, and for that reason, directed a stay of proceedings.rnThe Oliver Chronicle also reports Pennington said conflicting witness evidence and a lack of disclosure by RCMP helped sink the case against Ellis.
He adds, While I am pleased my client does not have to face a trial on these charges, I find it disappointing that he had to spend eight months in custody trying to clear his name. It is also disconcerting that the police chose not to disclose vital information until shortly before the trial date. It was that information that ultimately led to the charges being stayed.rnThe vital information relates to how Ellis was arrested, allegedly at gunpoint.
Administrative Crown Counsel John Swanson confirmed Crown Prosecutor Nashina Devji stayed proceedings after assessing the strength of her case. In a case that mimics Michael Ellis' recent acquittal at a trial that concluded in January, the evidence could not prove which Ellis brother was responsible for the actions with which Michael was accused.
In preparing for trial, interviewing witnesses and reviewing the evidence, the prosecutor concluded that she could not prove beyond a reasonable doubt that it was Michael Ellis, and not Christopher, who was responsible. At the end of the day, we have to be able to prove our case beyond a reasonable doubt.
Swanson adds the Crown was also advised of what Ellis' defence was going to be, and that it was a collection of reasons, rather than one argument or piece of evidence, that persuaded the Crown to drop charges. As to the RCMP's failure to disclose vital information until the trial was about to begin, Swanson says, So many factors are taken into account, and to say it turns on one statement is misleading. It's the effect of the evidence as a whole and what impression it will have on the judge or a jury that we have to consider.
Recently, Michael Ellis was found not guilty at the conclusion of a trial on January 31, where he faced charges of dangerous operation of a motor vehicle, failure to stop for police, theft over $5,000, possession of stolen property over $5,000 and failure to comply with a probation order.
At that trial, Judge Gale Sinclair acquitted Ellis because he said he could not be certain beyond a reasonable doubt it was Michael Ellis “ and not his brother Christopher, who claimed he was responsible “ who committed the offences.
Meanwhile, Christopher Ellis remains in jail after he was arrested January 2 on charges of committing a number of offences near Oliver, including kidnapping, robbery, dangerous driving, causing a police pursuit, prohibited driving, theft over $5,000 and possession of stolen property over $5,000.
His next court appearance is set for Monday, April 30.