KELOWNA – A man facing child pornography charges will not be prosecuted.
Tyler Nowek, 29, was arrested in April 2014 after police executed a search warrant at the West Kelowna business where he was a co-owner.
The investigation began after an officer with the Integrated Child Exploitation Unit logged onto a chat site pretending to be a 13-year-old girl.
That allegedly resulted in the exchange of sexual communications.
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Nowek was charged with making child pornography and luring a child but those charges have been stayed.
“The decision followed a thorough review of the file materials, current case law and preliminary hearing transcripts,” says Criminal Justice Branch spokesperson Dan McLaughlin in an email statement. “Following this review the prosecutor concluded the charge approval standard could no longer be met. We must be satisfied that there is a substantial likelihood of conviction and the prosecution must be in the public interest. ”
Nowek’s lawyer has released a statement saying the charges were stayed after a challenge was filed alleging police engaged in a serial pattern of disregarding Nowak’s constitutional rights.
“In the wake of the devastation caused by this unsuccessful prosecution, my client will need to rebuild all that has been lost and come to terms with the fact that many of his dreams and aspirations lay around him scattered and trampled upon,” said Joven Narwal.
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