RNC chief levels complaint against prosecutor in Waterford Manor arson acquittal
Prosecutor never asked investigator who owned the property in court
Joe Boland is not happy to see one of his officers blamed for mistakes he lays at the feet of the Crown prosecutor in a botched arson trial that ended this week.
The Royal Newfoundland Constabulary chief has laid a formal complaint with the director of public prosecutions, alleging Chris McCarthy failed to do his job in the trial of David Badrudin.
The 43-year-old accused arsonist was acquitted on Wednesday after the Crown failed to prove he owned the Waterford Manor in St. John's, which was an essential element of the specific type of arson he was charged with.
Boland said his complaint was "on the lack of thoroughness on behalf of the prosecutor and how it got portrayed in the end, just throwing up your hands and saying, 'It is what it is.'"
Those were the words McCarthy uttered as he left the courtroom on Wednesday after Badrudin was acquitted.
Boland insists that isn't good enough.
The defence moved for an acquittal as soon as McCarthy closed his case. McCarthy did not refute the motion, instead saying he anticipated lead Investigator Steve Walsh would have presented evidence during his testimony about who owned the property.
"The problem that we have is that the officer was never asked to provide evidence on the ownership of that property," Boland said.
CBC News on Friday afternoon asked the director of public prosecutions for comment.
There's a charge that got thrown out of court here. So it's not really about laying blame.- Joe Boland, RNC chief
Walsh took heat from the defence lawyers in the case for a lack of police work on the case.
He interviewed witnesses after the fire, but a deeper investigation was done by Badrudin's insurance company.
Boland backed his officer on Friday, saying he did a thorough investigation and presented the evidence needed to lay the charge.
Badrudin listed as owner in public records
CBC News dug through public records and found Badrudin was listed as the owner of Waterford Manor after his parents sold it to him in 2004.
The land — now vacant after the fire — was sold in November. The seller was listed as TD Bank, though it's not clear when the bank foreclosed on the property.
In city records, Badrudin is listed as the owner for the 2019 and 2020 property tax assessments, which are done a year in advance.
In real estate listings, Badrudin was listed as the owner when the house was for sale prior to the explosions and fire.
These records were not brought up in court to prove ownership.
Instead, a basement tenant was asked who owned the property. He said he assumed it was Badrudin, but didn't know for sure.
It was dismissed as hearsay.
Not about laying blame, chief says
Boland said he's not worried about hurting the relationship with public prosecutions with the complaint he's filed.
"We have a very respectful relationship and I think what we want to do is get this right," he said. "At the end of the day here, there's a charge that got thrown out of court here. So it's not really about laying blame, it's about making sure we are efficient in what we do."
Boland said it's also about ensuring public confidence in police work.
As for the specific charge that was laid, Boland said police only recommend the charge — it's up to the prosecutor to establish the elements of the offence. If the charge doesn't fit, it's not uncommon to see it amended and replaced with a different charge during the court process.
That didn't happen in Badrudin's case.
"I don't think it was ever addressed, brought up or discussed," Boland said.
It remains unclear if Badrudin will be charged again with a different count of arson, or if it's even possible.
ABOUT THE AUTHOR
