A provincial court judge has reserved his decision in an attempted robbery case tried last week in Yorkton.
Troy Mamchur, 31, is accused of attempting to rob the Scoops Ice Cream bar last summer. His trial on four charges including break and enter, robbery, possession of a weapon for a dangerous purpose and possession of break and enter tools ran February 22 with a continuation February 24.
At approximately 10 p.m. on the evening of August 26, 2015 a man wearing a tea towel covering his face below the eyes allegedly entered the store and demanded cash from one of the co-owners who was working alone. She refused and chased the suspect away with a pair of scissors.
During the trial last Wednesday, she testified the man walked past the store later and she recognized him by his eyes as well as the shorts and flip flops he was wearing.
Using police dogs, the RCMP had found a tea towel that matched the witness’s description along with a pair of gloves and a knife in some bushes nearby, but at trial the Court heard DNA obtained from the alleged evidence could not be linked to the suspect.
The defence argued the Crown had not met the standard of proving his client was the would-be thief beyond a reasonable doubt.
Mamchur has maintained he is innocent since he was first arrested, but was denied bail in September based on the seriousness of the charges, his past criminal record, a history of not complying with court ordered conditions, the likelihood of significant prison time if convicted and an unfavourable bail verification report. He has spent the last six months on remand.
Judge Brent Klause adjourned the case Friday until March 10 when he is scheduled to render a decision.
