The provincial Crown Attorney’s Office announced Tuesday that all charges against Todd Joseph Irving in connection with the 1988 killing of P.E.I. teacher Byron Carr have been withdrawn. The decision follows the discovery that Charlottetown police lost extensive crucial evidence related to the cold case just before the matter was set for trial.

What evidence was lost in the Byron Carr case?

The missing items include physical objects that were central to the investigation. Specifically, the police lost:

  • The knife found at the original crime scene
  • The towel used to strangle Carr

While the physical items were misplaced after being processed, interim Charlottetown police Chief Darren MacDougall noted that the DNA evidence itself was not lost. The material had been processed and stored appropriately before the items were lost.

Why was there a delay in disclosure?

Although the Crown first learned about the missing items during a bail hearing in July, Charlottetown police later told reporters they were aware of the missing physical evidence as early as 2007. Chief MacDougall admitted there was a lack of transparency regarding the scale of the loss.

"There was likely not enough transparency with regard to the evidence as it relates to the Crown and the investigators," MacDougall said. He suggested investigators may have held onto the hope that they could locate the exhibits by interviewing people involved in the 1989 investigation.

Addressing the P.E.I. murder case failure

The Charlottetown Police Services acknowledged the seriousness of the situation, noting that the loss of evidence impacts public confidence in the justice system. The department stated that while policies and technology have changed since 1988, the failure to preserve evidence remains a serious issue. The department is currently looking to strengthen internal processes to prevent similar occurrences.

FAQ

Who was the accused in this case?

The charges were withdrawn against Todd Joseph Irving in relation to the 1988 death of Byron Carr.

Did the police know about the missing items?

Charlottetown police indicated they knew evidence was missing when the case reopened in 2007, though the Crown was not fully informed until July.