R v Sundman, 2018 BCSC 2037 (Williams):
[57] As the interview progressed, Mr. Martin continued to give the versions of events that were not consistent with what the police investigation had discovered. Cpl. O’Ruairc elected not to confront or challenge Mr. Martin on those points, but rather he simply continued to move forward, giving him encouragement when he made further disclosures about the events.
[58] Again, I do not understand the suggestion that the failure of the police to tell the interview subject that his statements are not in accord with other evidentiary findings is a breach of the duty of fairness.
[59] In this case, the officer elected to pursue a strategy that did not entail a confrontational approach. I cannot say that that was wrong or unfair. Cpl. O’Ruairc was not required to put discrepancies between Mr. Martin’s account and Ms. Stevenson’s account to Mr. Martin, and did not mislead Mr. Martin by not doing so. Cpl. ‘Ruairc did not otherwise provide any false information
to Mr. Martin.-
Case Categories: 5 - EVIDENCE and Prior Defendant Statement