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Man acquitted of Abbotsford break-in despite DNA at scene 0

By Michael Mui, 24 Hours Vancouver

(FOTOLIA)

(FOTOLIA)

A man accused of breaking into an Abbotsford home and lifting more than $118,000 in property has been acquitted despite a DNA match from a piece of latex glove left at the scene.

In a recent decision, Barry James McQuarrie, a man with a history in property crimes, was acquitted of a charge of break and enter with intent of theft.

In the September 2011 robbery at the home in rural Abbotsford two newer vehicles, an ATV, jewelry and electronics were taken.

According to the court, the key piece of evidence was the piece of latex glove stuck to electrical tape near where TV cables were. Police determined with near certainty McQuarrie — who had never met the homeowners — had worn the glove through DNA evidence.

They couldn’t, however, determine if he was wearing it when the break-in occurred as there was more than one person’s DNA on the glove. That other person’s identity remains unknown.

“What is at issue is whether or not it is reasonable to conclude that the accused was wearing the glove at the time of the break-in,” Judge Kenneth Skilnick said in his decision.

“The DNA evidence is capable of two conclusions, only one of which supports the guilt of the accused … and the law prohibits his conviction so long as that (alternative) possibility exists.”

McQuarrie testified he likely wore the gloves at an Aldergrove drug trafficking operation where his job was to package drugs with latex gloves.

“He testified that he would change gloves for each different drug that he packaged,” Skilnick wrote, and would either leave them on a worktable or pass them to someone else.

 

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