Judge rules no mistrial in Douglas Hales case

A Saskatoon judge has ruled that a mistrial will not be granted in the case of Douglas Hales. However, the judge is open to hearing more evidence about a 'Mr. Big' undercover operation.

Hales is charged with first-degree murder in the May, 2004 death of student and mother Daleen Bosse. Hales confessed to killing Bosse when undercover police officers executed a so-called Mr. Big Sting.

The officers posed as criminalsduring the investigation into the woman's death. Hales admitted to killing Bosse, and led them to her body.

The Supreme Court ruling

In July, after the Crown and defence in the Hales trialhad wrapped up their cases, the Supreme Court came out with a decision that cast into doubt evidence from Mr. Big stings.

It's a fundamentally repugnant form of dominance.- Defence lawyer Bob Hrycan

The high court ruled that the evidence could no longer be considered "presumptively admissible."

In short, this meant that prosecutors now had to prove to a judge that the sting findings could be admitted.

Arguments were presented to the judge on Monday morning.

In this light, Hales's lawyer said everything had changed with his case and he applied for a chance to argue for a mistrial.

'Organized exploitation'

Bob Hyrcan said that the new tests for admissibility of evidence introduced by the Supreme Court are so fundamental that nothing short of a new trial would be fair. And he had harsh words for how the stings work.

"It's a fundamentally repugnant form of dominance," he said.

"It's organized exploitation."

There was no abuse of process, no coercion, no overcoming his will.- Prosecutor Matthew Miazga

Hrycan said that the Supreme Court established "fixed markers of abuse" in Mr. Big Stings, and that the tests are all new.

But prosecutor Matthew Miazga said that a mistrial is a last resort that should only be used in the clearest of cases.

"There was no abuse of process, no coercion, no overcoming his will," he said.

Miazgasaid that the judge could take the admissibility tests offered by the Supreme Court and apply them to the facts of the Hales case. He could even call new evidence, if need be.

Miazgaalso added that Hales actually confessed twice first, to undercover officers posing as criminals and then, again, to Saskatoon Police after his arrest.