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Osoyoos man found not guilty in manslaughter charge over wife’s death

A lack of evidence and analysis undermined the case according to the judge
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B.C. Supreme Court chambers at the Penticton Law Courts on Main Street. (Western News file photo)

The trial of the Osoyoos man accused of killing his wife ended with a not guilty finding due to a lack of evidence.

Supreme Court Justice David Crossin laid out his reasoning for the decision on Roderick Flavell’s case in Penticton on Friday, July 29 and determined there was a lack of analysis and evidence regarding key pieces submitted by the Crown.

“The evidence is simply too vague and uncertain as to rest finding it in support of the charge of manslaughter,” said Crossin. “In my view, it would be unsafe to rest the conviction on this evidence, on the entirety of evidence, I am left in a reasonable doubt as to the guilt of the accused and as such find the accused not guilty.”

Flavell had been charged with manslaughter following the death of his wife, Tina Seminara, in April 2020. At the time, Flavell had showed up at the Oliver RCMP station to report a fight with his wife and that she was in a bad state when he left her. She was found unresponsive and taken to the hospital where she died a few days later.

READ MORE: Manslaughter trial against Osoyoos man to proceed; judge rejects defence’s appeal to dismiss

Among the pieces which Crossin cited as vague evidence were a lack of any forensic evidence backing up statements by officers over apparent blood on the walls in the living room, no analysis on the source of the blood, a lack of analysis that determined whether there were injuries to Seminara consistent with being struck by a glass object, and a lack of evidence that the brain damage Seminara suffered had been caused by blunt force trauma over other possible causes.

In addition, Crossin cited a doctor’s testimony that had found no sign of trauma to Seminara’s skull, abdomen, or back. This, he found, was contrary to testimony provided by RCMP.

“The 0bservations of Const. Robinson between 11:05 and 11:25, I am somewhat skeptical of this evidence,” said Crossin. “The observations were made by the light of flashlights in the darkened home. In addition, his description does not accord with the photos of Seminara that were taken during the same period of time.”

Crossin also noted that while there were statements of guilt made by Flavell, he was not prepared to interpret them as an implicit admission of actions leading to Seminara’s death.

To report a typo, email: editor@pentictonwesternnews.com.

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Brennan Phillips

About the Author: Brennan Phillips

Brennan was raised in the Okanagan and is thankful every day that he gets to live and work in one of the most beautiful places in Canada.
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