The Crown failed to prove its case beyond reasonable doubt, said Justice Roy Anderson, and on Tuesday afternoon he found Josue Carrillo-Perez not guilty of murdering Martin Joseph Gareau in May 2008.
Justice Anderson reviewed the evidence, including two fingerprints found in Mr. Gareau’s home in Beach Bay, where his body was discovered on Tuesday morning, 20 May 2008, after the Discovery Day holiday weekend.
He indicated that the Crown’s ‘theory’ that the vile act had taken place within a possible two-hour time frame on Sunday, 18 May, was plausible. But, he pointed out, ‘plausibility is not an adequate basis for conviction.’
Regrettably, however much he might believe there was a possibility that Josue may have been involved, ‘I cannot say I am sure.’
Justice Anderson cited the well-known saying, ‘Better that 10 guilty person escape than that one innocent suffer.