A Regina judge has thrown out some evidence in the trial of a man accused of killing his fiance's 18-month-old child because he says the man was treated in an abusive way by police.
Jason Will was charged with manslaughter in the death of Ramie Myers three years ago.
Judge Dennis Ball said the behaviour of some Regina police officers while interviewing Will was "highly oppressive."
Ball had to consider four separate statements Will gave to police over a three day period in July, 2009.
He has decided the first two statements given by Will are admissible at the trial.
Ball said the last two statements will be thrown out, since he could not be certain the statements were given voluntarily.
Police were behaving in an increasingly abusive manner towards Will, said Ball.
"The concern was that the police created oppressive conditions by confining Mr. Will as they did, and the effect of those conditions on Mr. Will's operating mind going forward," said Ball. "I agree."
Officers had taken Will to the police station to give a statement on July 9, and kept him locked up in an interrogation room for six hours.
During this time Will was reduced to tears and ended up on the floor in a fetal position.
Afterward, Will was being intimidated, sworn at and was getting to the point where he was questioning his own memory, said Ball.
The decision means the Crown will not be able to use the last two statements as evidence.
The trial continues on Tuesday.