← More Recent Successes success stories

Charges of Sexual Assault, Assault Causing Bodily Harm, Assault x 2, and Threaten Death (Domestic), dismissed after seven day trial in the Ontario Court of Justice at 1000 Finch Avenue West. S.P. was alleged to have sexually and physically abused his niece from the moment she arrived in Canada from March of 2012 up to January 7, 2015. The complainant had medical records demonstrating that she sustained injuries including a broken nose, bruising and puncture wounds. The medical records were from her visit to hospital at the time S.P. was arrested. Defence lawyer Joseph Neuberger was retained as the lead defence counsel and Mariya Protsenko as the second defence lawyer on the file. Careful review and scrutiny of the complainant’s statement and medical records was conducted along with an extensive defence investigation. A private investigator was hired who interviewed three independent witnesses that testified at trial as to observing the complainant fall on January 7th and sustain certain injuries and another witness as to the compliant having confided in her that the complainant wanted to break up S.P.’s marriage so that she could marry him and obtain immigration status in Canada. At trial, the complainant’s evidence became far more detailed and extensive than in her statement to police. Defence lawyer Joseph Neuberger cross-examined the complainant over a two day period putting to her numerous inconsistencies, omissions and improbable assertions that undermined her credibility. Joseph Neuberger utilized the medical records to also undermine the complainant’s evidence about the alleged physical and sexual abuse. Defence lawyer Joseph Neuberger retained a defence medical expert in order to assert in cross-examination that the medical records proffered by the Crown were inconsistent with the evidence of the alleged abuse. Further, the defence marshalled the theory that the complainant lied about the allegations to protect her secret agenda that had been discovered by S.P. on January 7th and was to be exposed to her family. After extensive a detailed cross-examination of the complainant and Crown witnesses, the defence called three independent witnesses and then rested its case. The Court determined that the complainant was not credible or reliable and thus found S.P. not guilty of all charges.