A man accused of robbing a Prince George convenience store has been acquitted of the charge by a B.C. Supreme Court Justice, who found the man's confession was induced by the interviewing police officer rather than being voluntary.
Gerald Gilbertson had been charged with armed robbery in relation to an Aug. 14, 2011 incident that involved a clerk being robbed at knifepoint.
Three days after the robbery, two members of the Prince George RCMP's crime reduction team interviewed Gilbertson in succession over three hours, following his arrest at his home.
Although still photos indicated Gilbertson committed the act, he continually denied to the first officer that he was the culprit.
After a break when Gilbertson tried unsuccessfully to reach legal counsel, he confessed the crime to the second officer.
However, Justice Susan Griffin found the second officer went too far.
Gilbertson began to break when his foster mother, who was dying from cancer, was discussed and he was told he could get help to overcome his drug addiction once he had served time for the crime.
Griffin found the officer "seasoned the bait" by expanding on the type of help he could get the accused, which suggested welfare cheques, rent subsidies and medications.
Griffin also found the officer inferred Gilbertson might be able to see his foster mother before she died, "all of which implied that the accused could expect to be out of custody soon if he confessed."
And Griffin noted the officer suggested the incident was not so bad as far as armed robberies go, which "purposely fueled the fantasy planted in the accused's mind" that Gilbertson could get help and see his foster mother before she died. "While this was directly stated, the obvious inference being suggested to him was that any jail term would be minimal and he would soon be out because the facts of the robbery were not so bad," Griffin wrote in her decision.
Griffin said the officer's actions left her with a reasonable doubt that the confession was voluntary and deemed the confession inadmissible. Gilbertson was then acquitted of the charge.
