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Charges of an unbelievable allegation of Domestic Assault withdrawn prior to setting a trial date, Toronto. The client MT retained Grace Condello of Neuberger & Partners LLP, Toronto Criminal Lawyers, to defend him. The client and his wife were walking their dog and walked through the yard of a school.  Although the children were not outside for recess, employees of the school came out and confronted them.  An argument ensued. The dog leash broke and the client tapped his wife on the shoulder to go home to get another leash.  Employees of the school called police stating that the client was trespassing and assaulting his wife. When police arrived, the client’s wife told police that he did not assault her.  The police recorded in their notes that the victim was “not cooperative” and “denied assault”. The client was arrested and charged with Assault. The Undertaking provided a condition that he could not have any contact with his wife.  Ms. Condello was able to establish that there was no reasonable prospect of conviction for the following reasons: that no offence had been articulated by the caller, the caller was someone the client had an argument with and had motive to fabricate an allegation of assault, and the alleged victim told police there was no assault. The charge was withdrawn.

This is another perfect example of how the criminal process can be manipulated by unethical actors and the police simply lay a charge even if the alleged victim/complainant does not confirm an allegation of domestic assault