Monday, January 12, 2015

Dangerous testimony

R. v. Pal-Deng, 2015 ONCJ 2 :
[39]         Finally, I feel compelled to note that absent the CCTV evidence the result may have been tragically different.  The complainant is a sympathetic witness who has no redress, financial or moral, for the very real trauma she suffered on March 6th.  The two independent witnesses each testified in a straightforward and facially guileless and impartial manner that enhanced their credibility.  The defendant, on the other hand, is a culturally challenged and unsophisticated individual who, if understandably, appears to have some difficulty appreciating the basis for his prosecution.  It is of profound concern that justice could so easily have miscarried but for the good fortune that the very physical exchange at issue was preserved on videotape.  It is of at least equally profound concern that the defendant spent many months in remand custody for offences for which factually exculpatory evidence has long been in the possession of the state.

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