Two Hamilton Crown prosecutors made significant errors during a murder trial, leading to a rare judicial stay issued by a Superior Court justice. This decision halted all proceedings and resulted in the accused, Salomon Bashir, being acquitted of second-degree murder charges in one of Canada’s most serious criminal cases. Justice Giulia Gambacorta granted the stay despite objections from the Crown, citing the prosecution’s apathetic and negligent approach that jeopardized Bashir’s right to a fair trial.
The critical missteps identified by Gambacorta included the failure of assistant Crown attorneys Michael Dean and Steve Kim to disclose crucial DNA and cellphone tower evidence to the defense prior to the trial, leaving Bashir’s legal team unprepared. This conduct was deemed a violation of fundamental fairness, constituting an abuse of process and warranting the extraordinary remedy of a judicial stay, reserved for the clearest cases.
The arrest of Bashir, then 20 years old, by Hamilton police in connection with the shooting death of Everton Frost occurred in the summer of 2023. Frost, 23, succumbed to gunshot wounds on December 11, 2022, following a brief acquaintance with Bashir. New DNA evidence implicating Frost’s brother was discovered on a surgical mask recovered by police, along with a gun and bullet discarded near train tracks by the suspect. However, the police delayed disclosing this evidence until after the trial began, significantly impeding the defense’s ability to respond adequately.
In addition to the DNA evidence mismanagement, the Crown failed to timely inform the defense about the cellphone tower data intended to link Bashir to the crime scene. The complexity of this evidence, requiring expert interpretation and a detailed map, was not disclosed until the eve of trial, further undermining the defense’s preparation. Following these revelations, the defense sought a stay of proceedings, which the Crown opposed, advocating for a mistrial and subsequent retrial to address the errors.
Ultimately, Gambacorta ruled in favor of a judicial stay, emphasizing the Crown’s misconduct and the prolonged pretrial detention of Bashir as grounds for halting the proceedings. This decision, according to defense lawyers Laura Giordano and Ian McCuaig, upholds the integrity of the judicial system and safeguards fair trial rights. They expressed concern over the Crown’s apparent indifference and called for accountability to prevent similar lapses in the future.