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Regina v. J.T. (2012)

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Charges of sexual assault and sexual interference withdrawn in the Ontario Court of Justice, prior to the preliminary hearing. The client was charged with allegedly sexually assaulting one of his daughters. The allegations arose through disclosure by a pastor in the church where the family attended. Defence lawyer Joseph Neuberger obtained the statements of the complainant, and the notes of the pastor and CAS. After having all statements transcribed, Joseph Neuberger, was able to analyze the statements and provided the Crown with a detailed chart of material internal inconsistencies arising not only from the deficient interviewing but tainting by the pastor who made the first disclosure to CAS and then police. In addition, the complainant was re-interviewed through the defence investigation. The re-interview shed light on a number of issues going to the reliability of the initial statement to police and CAS. After extensive discussions with the Crown, the charges were withdrawn.

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