A client of Toronto criminal lawyer Tyler Smith has been discharged of a first-degree murder charge after a preliminary hearing into the death of a 20-year-old Milton man.  See prior story

Smith’s client, Verdel Powell, 24, was discharged by Justice Peter Wilke.

Powell was charged in the November, 2008 death of Charles Agbajoh after the OPP released a composite sketch. 

Smith, a partner at Hicks Adams LLP, says: “The judge ruled that the evidence fell short. Despite a very lengthy OPP investigation involving the use of wiretaps and paid police agents, the evidence was circumstantial.”

Smith adds that, “it is very unusual to obtain this sort of a result at a preliminary inquiry where the test for committal for trial is so very low.  All reasonable inferences that favour the Crown must be accepted by the judge.  In this case, Justice Wilke was of the view that the inferences that the Crown sought to be made were speculative at best.”

Smith notes the Crown has indicated it will appeal the decision.