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Regina v. K.A. (2017)

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Charges of Sexual Assault x 2, Assault x 2, Mischief and Threaten Death withdrawn after extensive discussions with the Crown. The complainant and K.A. had been married for approximately three years. The two met in Morrocco. The complainant was 15 years younger than K.A. K.A. sponsored the complainant to come to Canada and when she arrived the two got married. Allegedly shortly after the marriage arguments started between the two about their lifestyle in Canada. In July of 2015 an argument ensued and K.A. informed the complainant he wanted a divorce. The two continued to live together but shortly after the argument the complainant attended the police and alleged numerous allegations of abuse. Defence lawyer Joseph Neuberger was retained. Joseph Neuberger obtained from his client dozens of receipts for trips, gifts and pictures of events and holidays that when put into context showed a loving relationship with a lavish treatment of the complainant. This was in stark contrast to the statement of the complainant explaining the entire marriage as a nightmare. The matter came for preliminary hearing but the complainant refused to testify. Details of the defence case were disclosed by Joseph Neuberger to the Crown for consideration of reasonable prospect of conviction. In addition, the Crown expressed concerns about the complainant’s emotional well being if testifying. An agreement was eventually reached for an assessment to be conducted. The assessment was completed and provided to the Crown. As a result of all of the factors in this case the Crown withdrew all charges.

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