COLLISION - ORAL STATEMENTS BY SUSPECT DRIVER RULED VOLUNTARY
Saturday, November 2, 2013 at 8:46PM This case serves to remind officers to keep careful notes of all statements made by a suspect, even statements directed at people other than police officers. Mr. Rowe was taken to a hospital after being the driver in "a single car accident". The trial judge concluded:
The evidence before me from Cst. Gatti and Cst. Gilbert establishes that Mr. Rowe was conscious throughout except when the police tried to speak with him at which time he simply closed his eyes and ignored them. His statement “Good it will help me beat this case”, referring to “torturing him” demonstrates absolutely that he was fully conscious, aware of his surroundings, why the police were there and his rights, cautions and the demand. Mr. Rowe was making demands and fully aware of what he felt he needed, i.e. water, blankets and the washroom. I find that his mind was operating and he made ... statements aware of his right to remain silent and did so voluntarily.
At trial he was convicted of operating a motor vehicle while impaired by alcohol and of refusing to provide a breath sample. The Ontario Court of Appeal denied Mr. Rowe's application for leave to appeal. R. v. Rowe, 2013 ONCA 311