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Dupas’ lawyer, Dimitri Kontou of Vancouver, told Moose FM/ that his impression of the judge’s reasons given orally in court, was that he had difficulty accepting evidence given by the Crown’s witnesses, and could not determine that it was undeniably Dupas who dealt the fatal laceration to his abdomen.

“The issue was: one of the two at the scene delivered the blow that caused the death,” he explains. “The question that the judge had to resolve, is did Mr. Dupas stab the victim in the abdomen and can he conclude from all of the evidence, beyond a reasonable doubt, that he was the one who did it.”

One of the Crown’s witnesses whose evidence was rejected was Pamela Joy Moore, who also faced charges related to the murder. Earlier this year, she plead guilty to a charge of accessory after the fact, and is now serving time in prison.

It was determined that forensic evidence and blood splatter reports were not conclusive as to whether the fatal laceration came from Lequiere’s left or right while in his truck. As well, without Moore’s evidence, Kontou says the judge was left with only circumstantial evidence to make his decision on. As the evidence was unclear, and several witnesses deemed unreliable, Kontou says that was the basis of the judge’s decision.

While Dupas was found innocent of his charge, he has not denied being involved, along with Moore. Kontou admits that had the charges been switched, and Dupas been charged with accessory after the fact and Moore with second degree murder, the outcome might have been different.

Regardless, there will be no justice for the Lequiere family, who will never know who is truly responsible for Josh’s death.

“I can understand the sensitivity and emotion the family must feel, but the judge must follow the law,” says Kontou. “It’s too dangerous in a situation where the evidence is just not clear and there is another possible scenario where Mr. Dupas is innocent.”

Dupas has since been released, and is now a free man.

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