The man charged with what police at the time called “a brazen attack” on a pair sitting in their vehicle in Duncan has had his charges stayed.
Terrance Bastarache was charged in the summer of 2016 with multiple criminal code offences including but not limited to: two counts of assault with a weapon, careless use or storage of a firearm, possessing a firearm without a licence or registration and possession of a weapon contrary to a court order among others.
The charges stem from an incident outside a Subway restaurant on Aug. 20, 2016, and from a subsequent search of his residence.
Mounties say a BMW approached a couple as they sat in their vehicle. At approximately 5:30 p.m. the husband, 59, and his wife, 52, were sprayed in the face with pepper spray by the lone occupant of the BMW.
The couple sought refuge in the Subway store where 911 was called, with the request to send an ambulance. The two were treated for their injuries. Police said it was not a random attack.
Bastarache said the stories were “false accusations.”
The case was forwarded from the BC Prosecution Service to the Public Prosecution Service of Canada.
PPSC spokesman Joel Gluss confirmed the charges were stayed against Bastarache, saying the case did not pass the “Decision to Prosecute” test.
“When deciding whether to initiate and conduct a prosecution on behalf of the federal Crown, Crown counsel must consider two issues: Is there is a reasonable prospect of conviction based on evidence that is likely to be available at trial? If there is, would a prosecution best serve the public interest?” Gluss wrote in an email. “If the answer to both questions is yes, the decision to prosecute test is met. If not, and charges have been laid, the charges should be withdrawn or a stay of proceedings entered.”