Appeal court orders new trial for St. John's man acquitted of weapon charges

The Newfoundland and Labrador Court of Appeal has ordered a new trial for a 32-year-old St. John's man who was previously acquitted of a number of weapons charges.

• Sawed-off shotgun among 6 weapons charges for St. John's man

John Peter Richard Squires walked out of provincial court a free man in late March 2015 after Judge David Orrruled that the Royal Newfoundland Constabulary had violated the Charter of Rights and Freedoms in his arrest, and the search of his vehicle was unlawful.

Squires did plead guilty to breaching court conditions and was sentenced to time served.

The case dates back to July 31, 2014, when police received a report at 2 a.m. that a man with a gun was parked in a SUV,across the street from the Froude Avenue Community Centre.

Const. Brendon McGuire responded to the call, and was told the man had a rifle or a shotgun.

McGuire called for backup, turned on his emergency lights and drew his firearm after getting out of his vehicle.

Squires was in the driver's seat of a Pontiac Torrent with the window down when McGuire approached the vehicle.

McGuire said he ordered Squires to put his hands out through the window and not to move.

Squires was taken out of the car, put on the ground and handcuffed when backup arrived at the scene.

During a search of the vehicle, McGuire said he spotted a black gym bag with a gun barrel sticking out underneath.

The barrel turned out to be a sawed-off shotgun.

In the gym bag, McGuire said he found two shotgun shells. He also found a knife in the console between the front seats of the car.

Evidence not allowed

In March 2015, Squires went to trial facing a number of weapons charges, including possessing a firearm in a motor vehicle, possessing a loaded prohibited or restricted firearm, carelessly using a firearm or ammunition and tampering with a serial number on a firearm.

All those charges were withdrawnafter Justice Orr ruled Squires's charter rights had been violated and the weapons could not be used as evidence at trial.

The Crown appealed that decision holding that Orr erred in his application of the law, and the matter was heard at the appeal court last December.

In a decision rendered October 17, four of five justices that heard the appeal agreed that the trial judge erred in the initial ruling and that the evidence should not have been excluded.

The fifth justice ruled that he believed the manner in which Squires was arrested and the search conducted did breach the charter and Judge Orr made "no unreasonable findings," in his decision.

The appeal court ruling did not include when a new trial mightproceed.