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Client discharged after a three week preliminary hearing on a charge of second degree murder. The client was alleged to have stabbed and killed a patron of his restaurant in July of 2012 during a large fight in the parking lot. Defence lawyer Joseph Neuberger decided to run the preliminary hearing like a trial with detailed and vigorous cross-examination of all key Crown witnesses. After cross-examinations, material inconsistencies were obvious and as well witness collusion and wrongful identification. In addition, Joseph Neuberger established that at least one crown witness may have fabricated her evidence. As a result, the Crown Attorneys agreed that there was insufficient evidence to commit the client to trial and there were likely other viable suspects. Accordingly, the charge of second degree murder was discharged.
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