Sex assault charge stayed against former mayor of Kelowna, B.C.

A sexual assault charge laid against the former mayor of Kelowna, B.C., has been stayed by a special prosecutor.

Colin Basran, 45, had been charged with sexual assault in connection with an incident alleged to have occurred while he was still mayor.

The B.C. Prosecution Service (BCPS) announced a stay of proceedings on Thursday, a day before Basran was set to appear in a Kelowna courtroom to enter a plea.

In a statement, the service said the special prosecutor assigned to the case, Vancouver lawyer Brock Martland, made the decision after a review of further information from Basran's lawyers and the RCMP.

Basran was charged in December. In a statement at the time, the BCPS said the incident allegedly occurred in Kelowna in May 2022. According to a court document, the alleged assault happened "on or about" May 11.

CBC News has reached out to Basran for comment about the stay of proceedings, which means charges have been dropped, but proceedings could resume within a year of the stay.

The BCPS said Martland, a senior Vancouver lawyer in private practice, was appointed special prosecutor in relation to the investigation because of the public nature of the case and to avoid any potential for "real or perceived improper influence in the administration of justice."

The service says Martland concluded that the standard for proceeding with the criminal charge could no longer be met.

Police investigation

The investigation was conducted by the Kelowna RCMP Investigative Services Department, the BCPS said.

The findings were independently reviewed by the Nelson Police Department before a report was forwarded to Martland.

Basran was born and raised in Kelowna. When he was first elected in 2014, he was the youngest person in the city's history to become mayor.

He was re-elected in 2018, but was defeated by Tom Dyas in last year's municipal election. Basran became a Kelowna city councillor in 2011 and served one term prior to becoming mayor.