Sexual assault charge stayed against former mayor

The Crown has entered a stay of proceedings on a sexual assault charge against former Kelowna mayor Colin Basran.

The BC Prosecution Service said special prosecutor Brock Martland made the decision to direct the stay after receiving further information from counsel for the accused and police investigators.

“After receiving this information, the special prosecutor conducted a careful review of all the materials and information available and concluded that the charge assessment standard for proceeding with criminal charges could no longer be met,” Dan McLaughlin, communications counsel with the BCPS, said

The service uses a two-part test to determine whether criminal charges will be approved, and a prosecution initiated or continued: 1. whether there is a substantial likelihood of conviction; and, if so, 2. whether the public interest requires a prosecution.

“If, at any time, prosecutors conclude the standard is no longer met a stay of proceedings is the appropriate course of action. In this case the Special Prosecutor concluded that the standard was no longer met and earlier today directed a stay of proceedings,” McLaughlin explained

No further comment will be provided from the special prosecutor or the BCPS.

Martland was appointed special prosecutor in relation to an investigation of a sexual assault alleged to have occurred in Kelowna in May 2022.

The accused was Basran, the sitting mayor of Kelowna at the time of the alleged offence.

The police investigation was conducted by the Kelowna RCMP and reviewed by the Nelson Police Department before being forwarded to the Crown for charge consideration.