A former deputy regional Crown prosecutor suppressed information and failed to provide disclosure to a man accused of the first-degree murder of a Port Alberni woman in 2006, an investigation by the Law Society of B.C. alleges.
The Law Society investigation resulted in a July 24 citation of professional misconduct against David Allen Kidd, former deputy regional Crown counsel in Nanaimo.
Kidd is no longer practising law, said Law Society spokesman David Jordan. His conduct will be considered at a discipline hearing in the future. A hearing panel will determine whether the allegations are valid.
In June 2018, murder charges were stayed against Larry Darling, a 51-year-old Surrey man arrested and charged in 2015 with the murder of Kristy Morrey.
Darling formerly lived in Port Alberni and dated Morrey up until a month before her death.
Port Alberni RCMP found Morrey dead in her bedroom on Aug. 20, 2006. Police initially believed the 28-year-old died of natural causes. A year later, they declared her death a homicide. The cause of death has not been released.
Morrey had worked the previous day at Gone Fishin’, a fishing and outdoors store, then attended a wedding reception at a local hall. Friends accompanied her home, spent some time with her, and left in the early hours of Aug. 20.
Police were alerted after Morrey’s friend couldn’t reach her by phone later in the morning
In August 2018, B.C. Supreme Court Justice Robert Thompson released documents connected to the stay of proceedings for Darling.
These contained the allegation that in October 2017, the victim’s aunt, Mary Tilley, a Justice Ministry worker in Port Alberni, approached Kidd and told him she had documents written by Morrey about her relationship with Darling that might be relevant. One of the documents written in June 2016 described the dynamic of the couple’s relationship.
Tilley explained that the collection of papers had come into her possession after the death of Morrey’s mother, Shirley, in late 2016. It has not been revealed if the documents are letters, journals or other writings.
According to Tilley, in court documents filed by the Crown, Kidd allegedly told her: “Don’t give it to me. It will just fuel the fire with McCullough.”
Kevin McCullough is a high-profile Victoria defence lawyer who was representing Darling.
The court document reports that Tilley went home and talked to her sister about the situation. They discussed burning Morrey’s documents, but Tilley doesn’t remember burning them. However, she can no longer find them.
In April 2018, the alleged conversation between Tilley and Kidd was disclosed to the Crown prosecutor in charge of the case, David Fitzsimmons. Fitzsimmons disclosed the alleged conversation to the defence and in a letter to the court.
The Law Society investigation alleges that between December 2017 and May 2018, Kidd failed to discharge his responsibilities honourably and with integrity in relation to the first-degree murder trial of Darling.
The allegations, which are unproven at this point, say Kidd failed to take reasonable steps in relation to Morrey’s papers that he knew should have been disclosed to the accused.
The investigation alleges that Kidd failed to ensure that police and the prosecutors involved with the case knew about Morrey’s papers and failed to make sure the papers were preserved.
It also alleges that Kidd failed to tell the newly assigned prosecutor about Morrey’s papers.
