A provincial court judge called it a tragedy but said she had no choice but to end serious sex charges against a man because the Crown failed to have police statements translated from Russian and [Dari].

The Crown sought to have the case adjourned repeatedly over a two-year period until the police statements of two complainants could be translated from Russian and Dari.

The defence applied for a judicial stay of proceedings, arguing the accused constitutional rights to make full answer and defence had been violated.

The defence also argued that the right of the accused to a speedy trial was also violated by the delay.

The judge reluctantly agreed.

…

“Regardless of what happens today in this courtroom, there is a tragedy,” the judge said during her ruling.

“I have to add that it is very disturbing that the value of the complainants’ sexual, physical and emotional integrity is less than the cost of translation and transcription. HSO has been publicly charged with very serious offences and he now has no ability to clear his name. The investigator has put in time and effort and will see no resolution for the work that he has done.”

The judge was told by the Crown prosecutor last December “that the police were in possession of two statements made by HSO to the police, each being several hours in duration that were in Russian and Dari and were not yet translated. The Crown counsel told the court that the Crown had been told by the police that the request for funding for the translations of these items had been made, but it had been denied.”

See: http://www.vancouversun.com/news/Judge+calls+tragedy+drops+serious+charges+against/2568631/story.html