The Crown is appealing the acquittal of a man accused in a violent home invasion that left a young Nova Scotia woman paralyzed.
Markel Jason Downey was charged with 28 offences, including three counts of attempted murder, in connection with the home invasion in Cole Harbour, N.S. in November 2014.
Ashley MacLean Kearse was shot during the home invasion, leaving her paralyzed from the chest down. During Downey’s trial, she testified that four masked intruders had entered the home and shot her and two of her friends.
However, the judge said last month that her testimony wasn’t enough for a conviction, and that the Crown failed to prove its case beyond a reasonable doubt.
Downey was acquitted of all 28 charges.
The Crown is now appealing his acquittal, citing six points in which it believes the judge erred in law, including applying the wrong legal test regarding voice recognition.
Three other people pleaded guilty to charges related to the home invasion. Their identities are banned from publication as they were under 18 at the time.
