David Allen Kidd

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

David Allen Kidd, a long-serving Crown Counsel (Deputy Regional Crown Counsel in Nanaimo), admitted professional misconduct under Rule 4-29 in relation to the R. v. Darling murder prosecution. Between December 2017 and May 2018 he failed to take reasonable steps regarding handwritten writings of the deceased that a family member presented to him and that ought to have been disclosed to the accused, failed to inform the newly assigned prosecutor and police, failed to ensure preservation and disclosure of the writings, and kept no record of his dealings with them. The writings were later lost/possibly destroyed and the prosecution was stayed. The tribunal found he failed to discharge his responsibilities honourably and with integrity (no express finding of dishonesty). The Discipline Committee accepted his Rule 4-29 proposal, including a 5-year undertaking not to practise law and not to seek reinstatement, recorded on his professional conduct record. No fine or costs were stated.

Duties found breached:

• Good faith and courtesy to colleagues
• Handle inadvertently received material
• No baseless or threatened misconduct report
• No improper communication with the court
• Prosecutorial duty of disclosure

Aggravating factors:

• Conduct occurred in a first-degree murder prosecution and related to disclosure obligations
• Respondent was aware of his Stinchcombe disclosure obligations and Crown Counsel Policy Manual requirements
• The prosecution against the accused was ultimately stayed (though not solely due to Respondent's conduct)

Mitigating factors:

• No prior professional conduct record
• Voluntarily withdrew Law Society membership during the investigation
• Former member status / retired
• Admitted misconduct and gave undertaking under Rule 4-29