Kristy Morrey was found dead in Port Alberni in 2006. She was 28. (Photo Credit: Port Alberni RCMP).
A senior Crown counsel has several recommendations for the BC Prosecution Service following a review of the prosecution of the man arrested in connection with the death of Kristy Morrey.
The body of Morrey was found in her home under a blanket on Aug. 20, 2006. At the time, Port Alberni RCMP said she died of natural causes, but a year later, said she was a homicide victim. The cause of death has never been revealed.
Kristy Morrey was found dead on Aug. 20, 2006. File photo.
Larry Darling, a 51-year-old man from Surrey and Morrey’s ex-boyfriend at the time, was initially investigated but cleared as a suspect. Then in September 2015, Darling was arrested and charged with first-degree murder in connection with the 2006 killing of 28-year-old Kristy Morrey.
The first-degree murder charge against Darling was stayed in June after prosecutors received additional information that was not available at the time of the initial charge assessment and decided a charge approval standard could not be met.
In determining whether a prosecution will be initiated or continued, Crown Counsel must independently, objectively, and fairly measure all the available evidence against a two-part test:
1. whether there is a substantial likelihood of conviction; and, if so,
2. whether the public interest requires a prosecution.
Upon reviewing the Darling file, the BC Prosecution Service (BCPS) said it saw issues of case management, disclosure and handling of exhibits and evidence had created challenges for the prosecution.
On July 25, 2018, Peter Juk, the Assistant Deputy Attorney General asked senior Crown counsel Robert Wright to review the BC Prosecution Service’s handling of the prosecution.
Wright has experience in serious crime prosecutions and was asked to identify any lessons to be learned and to make recommendations to Juk about best practices in the future.
The recommendations are:
The Investigative State
Recommendation 1: Have early focused involvement of Crown counsel at the investigative stage.
Recommendation 2: Have stronger communications between early involved Crown counsel and trial Crown counsel, if different. This includes Crown who participates in supporting police
investigative techniques.
Pre-charge approval
Recommendation 3: Ensure all required disclosure is received before charge approval subject to exceptional circumstances and/or public safety concerns.
Recommendation 4: Barring exceptional circumstances and/or public safety concerns, charges must not be approved until there is a complete review of the investigative file, including a full
disclosure review by Crown counsel.
Recommendation 5: Ensure BC Prosecution Service policy and practice clearly establishes the requirement to have vetted disclosure prepared before swearing the information or preferring the Indictment.
Resource Management
Recommendation 6: For all cases that involve sophisticated police techniques, a minimum of two Crown counsel should be assigned to work on the case full time.
Recommendation 7: Increase the availability of paralegal assistance at the front end, to facilitate effective transfer and review of investigative material from police to BC Prosecution Service.
Recommendation 8: Have incoming files reviewed by a paralegal to ensure compliance with BC Prosecution Service disclosure quality standards.
Recommendation 9: Create a paralegal position for the North Island.
Enhance Disclosure Support Strategies and Education
Recommendation 10: Promote the practice of utilizing existing BC Prosecution Service resources.
Recommendation 11: Establish a central repository accessible by BC Prosecution Service for all disclosure policy and practice references and resources.
Enhance support for Crown Counsel
Recommendation 12: Continue to support and promote BC Prosecution Service paralegals and the skills they bring to prosecution teams.
“The BCPS welcomes the recommendations and, as part of its ongoing commitment to continuous improvement, will take steps to implement those that are not already part of the BCPS approach to managing serious crime prosecutions,” the BC Prosecution Service said in a statement.
Larry Darling’s lawyer, Kevin McCullough has said Wright himself was involved in the Morrey investigation and provided legal advice to the RCMP regarding their undercover operation. Due to this involvement, McCullough said that someone independent should be assessing the conduct of Crown counsel and police officers.
A first-degree murder charge against Larry Darling was stayed on June, 13, 2018. File photo.
Alexa Huffman
