The Supreme Court of Canada voided Red Deer resident Shawn Metzger’s robbery convictions because police misinterpreted a cigarette butt used as evidence. .“A majority of the court is of the view to allow the appeal,” said Supreme Court Justice Suzanne Cote at a Tuesday hearing. .“Justices Cote and (Michelle) O’Bonsawin would dismiss the appeal.” .Metzger was among two arrests made in 2019 in relation to a home invasion which occurred more than two years prior south of Ponoka, AB. .He and Robert Hardy were charged with 27 offences in relation to the incident, including robbery with a firearm and possession of a weapon for dangerous purpose and two counts each of forcible confinement, assault with a weapon, and pointing a firearm..Metzger and Hardy allegedly stole the homeowner’s possessions before driving off in his truck. The truck was located 11 hours later. .A cigarette butt was seized by police under the seat and tested for DNA, which returned a single profile matching the appellant. .The trial judge convicted him of breaking and entering to steal a firearm, two counts of robbery, and disguise with intent. Various other charges were stayed. .He decided to appeal to the Alberta Court of Appeal, but the majority disagreed with him. .The Court of Appeal found in 2022 the trial judge did not err in law and did not misapprehend evidence to find Metzger guilty of possession of the truck and relying on the doctrine of recent possession to infer guilt for the robbery and other offences. .“Whether there were other possible smokers in the truck, or other sources for the ash on the dash, neither scenario distracts from or explains the presence of the appellant’s DNA on the cigarette butt found under the driver’s seat after the truck was recovered,” said Court of Appeal Justice Michelle Crighton. .“Mr. Iten testified he ‘doesn’t know nobody’ named ‘Metzger,’ and there was no evidence the appellant had lawfully used or been in Mr. Iten’s truck before the robbery.” .The majority of justices said the guilty verdicts were reasonable. Court of Appeal Justice Barbara Veldhuis dissented, saying she would have allowed the appeal and acquitted him on all charges. .Cote said the full reasoning will be released shortly. .“Therefore, the appeal is allowed, convictions are set aside, and verdicts of acquittal are substituted,” she said.
