A Saskatchewan court is considering whether to include certain evidence in an upcoming murder trial involving a former Mountie.
Bernie Herman is charged with first degree murder in the May 2021 death of Braden Herman. The two are not related.
The Court of King’s Bench is being asked to rule on whether comments Bernie made during a 16-minute phone call and data seized on cell-phones, during Bernie’s arrest are admissible.
In a call between RCMP Staff SGT Chad McLeod and Bernie, Bernie admitted that he did something bad, when questioned further Bernie stated he shot and killed some. Bernie would later go to McLeod’s home, where the two hugged and Bernie stated where to find the body.
The Defense is arguing that Bernie made the confession to the RCMP without being made aware of his Rights and that this should be excluded. However the Crown contends that McLeod was acting as a good friend.
The Defense is also claiming that cell phones collected at the scene were searched without the required paperwork being completed.
The court will rule later this month on the evidence. A trial is set for two weeks in December.