robbery

The defendant was charged with attempted murder and possession of a firearm. The Crown’s case was that the defendant had gone to a rival’s property where drugs were stored with the intention of stealing them. During the robbery one of the occupants of the premises was shot in the head but survived. The defendant did not deny being at the address during that night but maintained he knew nothing of the shooting and that it must have happened minutes after he had left. The crown relied on an expert in cell site analysis who had concluded that the defendant’s mobile telephone was at the scene of the shooting at the exact time. After detailed and lengthy cross examination of the expert it was shown that in fact the opposite was true and the defendant’s telephone (along with the defendant) had left the scene approximately 6 minutes before the shooting occurred . The defendant was acquitted.