CROWN SHOWN A GLIMPSE OF THE FUTURE AT PRELIMINARY INQUIRIES, TWO SEPARATE CLIENTS HAVE THEIR CHARGES WITHDRAWN

R. v. Y. E.-R., R. v. R. F.

 

Friday, September 23rd, 2011

 

Counsel: Reid Rusonik

 

The preliminary inquiry is a vital tool for defending anyone charged with a serious criminal offence. 

A defence lawyer can use this hearing to discover the quality of the witnesses making the allegations against their client and set these witnesses up to expose them as lying or mistaken when they give their evidence at trial. 

Sometimes it is possible to so discredit a witness through cross-examination at the preliminary inquiry that the Crown sees they can never make out the charges with this witness' testimony.  The Crown will then withdraw the charge before the client has to set a date for an expensive trial in the Superior Court admitting they have "no reasonable prospect of conviction". 

These sweet words were heard twice for two of our clients when there matters came up to set trial dates in the Brampton Superior Court of Justice on Friday, September 23rd, 2011. 

One had weapon and assault charges withdrawn and another had kidnapping charges withdrawn. 

In each case, the key witnesses making the allegations against them were cross-examined into conceding fatal uncertainties in their observations that could have effectively been exploited at trial to exonerate our clients.  

 

**Please Note: Past Successes Do Not Ensure Future Success**