Judge denies late mistrial application by convicted home invasion robber, sentencing to proceed

Mistrials are a remedy of last resort and there is a public interest in ensuring justice is done, judge says

Despite being denied an application his Charter rights were breached, a convicted home invasion robber won’t be getting a mistrial.

Justice Chris Rickards on Friday agreed with defence lawyer Robert Wachowich that previous counsel for Edmonton man Armin Babic had indicated a constitutional challenge would be brought by the accused and one was never permitted.