A veteran Chatham-Kent police officer will have his case return to court next month to continue his hearing.
Bryan Vaughan, 51, of Chatham was arrested at his home on January 5, 2022 and charged with drunk driving and leaving scene of a crash on Howard Road near Indian Creek Road in Chatham while he was off-duty.
His Charter application was denied on Thursday. Vaughan claimed his Charter rights were breached when he was arrested, but Ontario Justice George Orsini ruled there were no unreasonable searches and seizure of person or property. Orsini said the investigation and evidence gathering done by Chatham-Kent police was done properly when officers went to Vaughan's home.
The judge concluded the accused knew the police were there to question him about the collision involving his vehicle, adding it wasn't a surprise visit.
The judge also said he was convinced the discussions took place in the foyer of Vaughan's home and officers did not enter any other room to gather evidence.
Justice Orsini was also convinced Vaughan's wife was not the one driving the vehicle when the crash happened, as alleged by Vaughan.
The arresting officers previously testified that Vaughan appeared "substantially intoxicated" when he answered the front door and had a "fresh" abrasion on his forehead.
The trial could have been stopped by the Crown or ended by the judge, or evidence could have been excluded from the trial if the Charter application was successful, putting the impaired driving charge in jeopardy and possibly allowing the accused officer to walk free.
Vaughan's case will be up again in the Ontario Court of Justice in Chatham on January 15, 2024 to continue his hearing.
After that hearing the 16-year veteran cop should know what lies ahead for him. The next steps could include a possible sentencing hearing if there's a guilty plea or a continuation of the case.
The prosecution and defence said they expect to have a joint decision on the matter.
