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Regina v. T.P. (2009)

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Charges of Public Mischief, Obstruct Peace Officer, Assault x 5 (Domestic), and Mischief Over $5,000.00 withdrawn in the Ontario Court of Justice. The client having went to the police to complain about her boyfriend’s assaultive conduct, was eventually charged by police after the police took a three hour statement from the boyfriend. The police and Crown alleged that the client intentionally made up the original allegation of assault. The client was charged with numerous assault offences, in addition to the public mischief and obstruct allegations. The boyfriend (complainant) had been in regular contact with the client by email and text messages. He continued to contact the complainant even after she was charged with the offences. He continued to call and harass her. Upon instruction by defence lawyer Joseph Neuberger, the client began to record the calls. In addition, Mr. Neuberger obtained all email and text messages prior to the allegations and after. In total there were over 300 email and text messages. Mr. Neuberger, along with his senior law clerk, reviewed each communication, and transcribed the telephone calls. Mr. Neuberger developed a binder of the communications, and developed a chart setting out all inconsistencies between the emails and text messages with the statement of the boyfriend/complainant. The emails and text messages, and the recorded calls, undermined the credibility of the boyfriend’s statement. The chart developed by Mr. Neuberger and his senior law clerk clearly established very critical and material inconsistencies. A further chart was developed by Mr. Neuberger with “consistencies” between the email and text messages and the statement of the client/accused. On November 26, 2009, the Crown indicated on record that there was no reasonable prospect of conviction, because of Joseph Neuberger providing a very thorough and detailed analysis of the evidence, all charges were withdrawn.

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