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Regina v. R.K. (2018)

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Charges of Utter Threats and Domestic assault withdrawn after pre-trial discussions with the Crown. The complainant and R.K. were married and had one child together. The two divorced several years ago and R.K. was the primary caregiver for their child. There years of conflict between the two ensued after the divorce. During a drop off of the child the complainant and R.K. got into an argument about R.K. going on a trip with their child. When he left, the complainant called police alleging he assaulted and threatened her. R.K. was charged. He was then placed on bail and had difficulty with access to the child. The complainant immediately changed the school for the child and hired a family lawyer to restrict his parenting time even though since divorce he was the primary parent and not a hint of any issue about his parenting. R.K. retained Joseph Neuberger as his criminal defence lawyer. Joseph Neuberger obtained the disclosure, had the complaint’s statement transcribed and then interviewed R.K. CAS wanted to meet with R.K. and defence lawyer Joseph Neuberger attended the meeting. Joseph Neuberger reviewed the statement of the complainant with the CAS worker and established that this looked like a fabricated story to gain custody of the child. CAS assisted with getting access going. Joseph Neuberger provided the report from CAS to the crown and reviewed the evidence including the correspondence from the family lawyers with the Crown. After two pre-trial meetings the Crown agreed with Joseph Neuberger that this was a fabrication to gain custody. As a result the charges were withdrawn.

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