← More Recent Successes success stories

Charges of Sexual Assault x 6, Sexual Interference x 5, Assault x 4, Threaten Death, Invitation to Sexual Touch all withdrawn after the completion of a five-day preliminary hearing, in the Ontario Court of Justice, Toronto. A.H. was charged with various domestic offences including sex assault against his former wife, and stepdaughters and several assault and sexual interference charges as against his biological daughter who he had with the complainant. A.H. is a prominent dentist, and he began a relationship with a patient after she ceased being a patient of his office. The two soon had a religious marriage and had a baby daughter. The two blended their families but after about a year and half the relationship started to sour over financial issues. While returning from a trip to Iran, A.H. ended the relationship with the complainant due to his perceived harm by the complainant as to her manipulation about money and theft of funds. The couple had arguments over WhatsApp for a few days and then when A.H. told the complainant to move to her own residence and that he would not pay for her residence, the complainant attended the police station and multiple offences were alleged. Joseph Neuberger was retained as the criminal defence lawyer. After obtaining the various statements and messages provided by the complainant to the Crown, Joseph Neuberger set the matter down for a preliminary hearing where the Crown agreed to call all of the complainants to testify save for the youngest child. Joseph Neuberger and Diana Davison, legal researcher with the firm, developed a detailed and strong 276/278 Application to have the Court allow into evidence hundreds of messages not disclosed by the complainant, as well as pictures, cards and other documents that the defence sought to undermine the evidence of the complainants. The Application was successful. At the preliminary hearing, Joseph Neuberger cross-examined the former wife and her two daughters extensively. The testimony became hostile, and it became evident due to the design of the cross-examination that all three complainants colluded. At the end of cross-examination, an adjournment was sought by the Crown and then after lengthy review of the transcripts of the preliminary hearing the Crown withdrew all of the domestic abuse charges, sexual interference and sexual assault charges. It was a complete vindication for A.H.