A 24-year-old man suspected of committing an armed robbery in Mount Pearl last year had charges against him dropped Tuesday.
In provincial court in St. John’s, charges of armed robbery and being disguised with intent to commit a crime were thrown out against Randilee Hamlyn by the Crown.
The decision to drop the charges was the result of Judge David Orr’s decision last week to disallow a cautioned statement given to police regarding Hamlyn’s right to counsel.
Defence lawyers Bob Simmonds and Erin Breen had filed a Charter application, claiming Hamlyn’s rights were violated when police failed to provide him access to a lawyer when he was arrested.
“Since the cautioned statement was inadmissible, the Crown is not proceeding,” prosecutor Glynne Faulkner told the judge.
“There is not enough evidence to proceed. We will be calling no further evidence.”
Orr immediately dismissed the case.
The robbery was at a Marie’s Mini Mart on Commonwealth Avenue on January 2011.
Police say a man wearing a ski mask and armed with a knife went into the store demanding money from an employee at the shop. The man then left with an undisclosed amount of cash.
The RNC said the man then got into a blue Chevrolet Cavalier and a witness was able to catch the licence plate number.
The car was found and the discovery of the car had led to Hamlyn’s arrest.