Guns in as evidence in Bacons' trial

Four handguns found by police in an SUV will be allowed into evidence at the trial of two Abbotsford, B.C., brothers facing ten weapons related charges.

The lawyers for Jarrod and Jamie Bacon had argued that the discovery of the guns should not become evidence in the case because their clients' consitutional rights had been violated in the search.

Judge Jean Lytwyn announced the ruling Thursday in B.C. Provincial Court in Surrey.

The case against the Bacon brothers stems from an incident in April 2007 when unknown assailants shot Jamie Bacon, then 21, in the driveway of his parents home in Surrey.

Police investigating the shooting then searched the home but did not have a warrant to do so, defence lawyers said.

During the search, investigators discovered photos on a computer that showed secret compartments in a vehicle.

Police then searched a vehicle allegedly used by the brothers parked in the garage of the home and found a hidden compartment containing four semi-automatic handguns and five clips of bullets.

Some rights violated

"The court ruled that there were some Charter [of Rights] violations in the police conduct," said Crown prosecutor spokesman Neil MacKenzie.

"However, she found that the violations weren't sufficient to justify excluding the evidence."

In her judgment, Lytwyn said that allowing the guns as evidence would not negatively impact the administration of justice in the long term.

Society's interest in the adjudication of this case on its merits favours inclusion of the evidence, she said.

Both defendants remain in custody.

Closing arguments in the case are scheduled for Jan. 22.