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Regina v. J.D.S. (2011)

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Charges of Sexual Assault x 2, Sexual Interference x 2, Assault withdrawn after completion of three day preliminary hearing prior to setting a trial in the Superior Court of Justice. J.S. was charged with historical allegations arising from his care of a child during a four year relationship with the child’s mother. The allegations arose five years after the end of the relationship, by way of disclosure to a caregiver at a time when the child was under the care of the CAS. Defence counsel Joseph Neuberger conducted a defence investigation during which various records were obtained through the search of court records relating to the child complainant. Mr Neuberger found extensive details about the complainant, the mother and other information including psychological issues that would have a very significant impact on the child complainant’s ability to perceive, recollect and more importantly to tell the truth. Joseph Neuberger extensively cross-examined the child complainant, the mother of the complainant and other crown witnesses which yielded material inconsistencies in the evidence of the complainant. After the preliminary hearing, defence counsel Joseph Neuberger wrote a detailed letter to the crown analyzing the case and establishing that the crown had no reasonable prospect of conviction. Accordingly, all charges were withdrawn in the Superior court prior to setting the date for trial.

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