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Charges of Conspiracy to Commit Murder and Counselling to Commit Murder, stayed in the Superior Court of Justice, Toronto, after two trials that resulted in mistrials. The client, an alleged Dominatrix, was charged in 2004 with conspiring with her client to kill his wife. The main Crown witness was the former husband of Rinella, who was alleged to have been the hired hitman. Prior to the murder, a party working with the hitman was arrested and gave information about the alleged plot. All parties were subsequently arrested. The alleged hitman cooperated with the police and became the primary witness against Rinella and her co-accused at trial. Evidence collected from the hitman included taped meetings between the hitman, Rinella and her client. These tapes were not a complete record of all discussions of the accused persons, but were alleged by the Crown to be sufficient to establish a clear plan to commit the murder.
Defence lawyer Joseph Neuberger, at the most recent trial, cross-examined the hitman on the basis that the tapes were incomplete and that there were other taped meetings that would show that the alleged murder plot was in fact a drug fuelled role playing fantasy, and not a genuine plan to kill anyone. Joseph Neuberger demonstrated in cross-examination that there was plenty of evidence to establish role and fantasy play involving all parties, as well as excessive drug use, showing that this was just fantasy. In addition numerous inconsistencies in his evidence were highlighted during cross-examination ny Joseph Neuberger. A second crucial Crown witness at trial admitted that there was at least one other tape of a meeting that was not disclosed by the hitman. The trial ended in a mistrial just before completion of the evidence.
Since the end of the most recent trial, evidence sought by the defence regarding a related investigation into the suspicious death of a person who attempted to extort money from Rinella’s co-accused, demonstrated a flawed investigation that in the end may have implicated the hitman. This evidence would have had a significant impact on the credibility of the Crown’s main witness and damaged the integrity of the Crown’s case.
Just before the commencement of the third trial, on December 5, 2011, the Crown stayed all charges against Rinella and the co-accused.
See media coverage:
Charges stayed against media magnate, dominatrix in alleged murder conspiracy
Stay ends “dark and desperate time” for client, says Neuberger
