Surrey provincial court. (File photo: Tom Zytaruk)

Surrey provincial court. (File photo: Tom Zytaruk)

Surrey judge acquits accused drug dealer after Mounties look at drivers licence before identifying him in court

Travis Wayne Boulrice found not guilty of three counts of drug trafficking

Travis Wayne Boulrice was charged with three counts of drug trafficking after a police investigation into dial-a-dope drug sales in Surrey.

Surrey provincial court Judge Mark Jetté found Boulrice not guilty on all counts, on April 21, after two constables had a look at his driver’s licence photo prior to doing an in-court identification, which the judge said was “the equivalent to the viewing of a one man photo pack some two and a half years after the events of September 2018.”

Jetté noted there was only one issue to be decided in the case, and that was whether the Crown had proven beyond a reasonable doubt that Boulrice was the guy who sold Xanax and cocaine to undercover police roughly two and a half years ago.

Boulrice was the only person seated in the gallery when the police officers pointed him out, after refreshing their memories by looking at his licence photo.

READ ALSO: Appeal court upholds Surrey judge’s finding that man on student visa sexually assaulted teen

“In my view, this case is no different from any identification case involving civilian witnesses,” Jetté noted in his reasons for decision. “The same dangers of mistaken identification may arise depending on the circumstances. Where police investigate, do not make an arrest, and a long time passes before charges are sworn, there may be problems proving the case when the case finally comes to trial.”

Jetté concluded the Crown “failed to prove the element of identification” beyond a reasonable doubt because the officers had a look at his photo before evidence, “the two in-dock identifications of the only possible target in the courtroom gallery,” one of the constables’ “frank concession” she likely wouldn’t recognize the man who sold drugs to her if she saw him at a local grocery store, flaws that “undermined the reliability” of another officer’s evidence over all, “the absence of a particular distinguishing feature which matched the trafficker to the accused before the court,” and the absence of “anything else in the evidence which served to buttress or corroborate the in-dock identifications of the two police witnesses.”



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram  and follow Tom on Twitter

CourtDrugssurrey rcmp

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Surrey RCMP is investigating after a serious three-vehicle crash at the intersection of King George Boulevard and 128th Street Thursday afternoon (May 6, 2021). (Photo: Shane MacKichan)
Police watchdog investigating serious collision in Surrey

Incident happend May 6 at King George Boulevard and 128th Street

Surrey Fire Service firefighters quickly contained a fire on 75A Avenue. (Shane MacKichan photos)
PHOTOS: Surrey firefighters extinguish second house fire in Newton

Second fire incident reported in Newton Sunday morning

Surrey RCMP are investigating two ‘suspicious’ fires in Newton Sunday morning. (Shane MacKichan photos)
(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

Pieces of nephrite jade are shown at a mine site in northwestern B.C. in July 2019. THE CANADIAN PRESS/HO-Tahltan Central Government MANDATORY CREDIT
Indigenous nation opposes jade mining in northwestern B.C.

B.C.’s Mines Act requires operators to prepare a plan to protect cultural heritage resources

Vancouver Giants celebrated a Justin Sourdif goal Saturday night in Kamloops. Giants dropped a 3-1 decision to Kamloops, a game that clinched the 2020-21 B.C. Division banner for the Blazers. (Allen Douglas/special to Langley Advance Times)
VIDEO: Vancouver Giants drop 3-1 decision to Kamloops

Third-period rally should have come sooner, said coach of Langley-based team

Police tape is shown in Toronto Tuesday, May 2, 2017. Statistics Canada says the country’s crime rate ticked up again in 2018, for a fourth year in a row, though it was still lower than it was a decade ago. THE CANADIAN PRESS/Graeme Roy
IHIT investigating after man killed in Burnaby shooting

Police looking for more information on fatal shooting

After Bobby Henderson apologized online for his comments to a Toronto reporter, the Langley Rivermen announced that he was no longer team coach and general manager and in fact, had ‘parted ways’ with the franchise in March. (file/Twitter)
Former Langley Rivermen coach and GM apologizes for comments to Toronto reporter

Bobby Henderson blames stress due to the pandemic for his ‘disparaging’ remarks

The body of Brenda Ware, 35, was found along Highway 93 in Kootenay National Park on Thursday, May 6, 2021. (RCMP handout)
RCMP ask for tips after woman’s body found in Kootenay National Park

Brenda Ware was found along Highway 93 in the park, 54 kilometres north of the town of Radium

People pass the red hearts on the COVID-19 Memorial Wall mourning those who have died, opposite the Houses of Parliament on the Embankment in London, Wednesday, April 7, 2021. On May 3, the British government announced that only one person had died of COVID-19 in the previous 24 hours. THE CANADIAN PRESS/AP-Kirsty Wigglesworth
For a view of a COVID-19 future, Canadians should look across the pond

Britain, like Canada, is one of the only countries in the world to delay second doses for several months

Most Read