The reviewing judge identified several deficiencies in the police investigation and in the affiant’s explanation for the failure of other investigative procedures to yield evidence about who killed the deceased. The deficiencies included: i. the failure of police to search the respondent’s vehicle on March 15, 2005, within a week of discovery of the deceased’s body, despite the respondent’s consent to the search; ii. the unexplained failure of police to investigate several witnesses with material information to provide; iii. the affiant’s conclusory assertions, unsupported by any specific allegations, that fears of reprisal on the part of some members of the drug culture rendered their accounts incomplete and unhelpful; iv. the affiant’s conclusory assertions that persons with knowledge of material circumstances declined to provide that information because of their affections for some of the principals; and v. the affiant’s unsupported and conclusory statements about the reluctance of those with criminal antecedents to co-operate with investigators.
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