B.C. Supreme Court Judge Sunni Stromberg-Stein ruled Wednesday that the attorney general did not have the authority to appoint a new special prosecutor to consider the cases of Winston Blackmore and James Oler of Bountiful, B.C., after the first special prosecutors recommended against charges.
Blackmore and Oler had petitioned the court to stay the charges, arguing that the B.C. attorney general had gone "special prosecutor shopping" until he found someone who would go ahead with charges.
The judge agreed, ruling the appointment of special prosecutor Terrence Robertson — and therefore the decision to charge the men — was "unlawful."
"This has been a long, hard year for us. It’s been stressful for my family, stressful on me," Blackmore told CBC News after getting word of the court's decision.
"I'm relieved and happy and am going to carry on with my life," Blackmore said.
B.C. Attorney General Mike de Jong said the provincial government will consider an appeal.
"The first order of business will be to read the decision in its entirety, which I haven't done yet," de Jong said. "Obviously, I will talk to officials within the ministry and a decision will be made around a possible appeal."
De Jong said Oppal made a difficult decision with the best of intentions when he appointed the third prosecutor.
RCMP probe led to charges
Blackmore and Oler, leaders of two factions of the Fundamentalist Church of Jesus Christ of Latter-day Saints based in the southeastern Interior B.C. community of Bountiful, were arrested earlier this year and charged with one count each of breaching Section 293 of the Criminal Code — which ...