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Client found not guilty of assault, utter death threats and fail to comply (domestic), after a three-day trial in the Ontario Court of Justice. Joseph Neuberger, defence lawyer, successfully challenged the admissibility of the DVD recorded statement of the complainant and established a Charter violation of the client’s statement to police. The complainant failed to recall key aspects of the case and the Crown sought to introduce the complainant’s statement in order to prove its case. The defence was able to exclude the statement, on the basis of reliability, by proving the method of questioning by the police was deficient and not a proper translation of the complainant’s evidence. Given the lack of evidence with the exclusion of the statements, the client was acquitted of all charges.
