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Charges of Sexual Assault, Sexual Interference and Invitation to Sexual Touching, stayed after evidence taken at the preliminary hearing. The complainant was the daughter of R.K.’s girlfriend. R.K. and the mother of the complainant had been in a committed relationship for three years. The complainant stated that for a two to three month period in the fall of 2014, R.K. had been touching her inappropriately. Defence lawyer Joseph Neuberger carefully reviewed the statements of the complainant and the mother of the complainant. Based on the statement of the mother, there appeared to very limited opportunity to have committed any of the alleged sexual assaults and more importantly when comparing the circumstances as described by the mother and the complainant, as to the nature of the relationships, the allegations seemed highly implausible. Defence lawyer Joseph Neuberger was able to retrieve deleted emails and social media contacts between the complainant and R.K. that showed a healthy and caring relationship almost up to the point that the complainant made her allegations. Just prior to making the allegations, the complainant’s mother had decided to list her house for sale in order to move in with R.K.. This caused considerable emotional fear for the complainant as she did not want the house sold. The defence believed that the allegations were based on the complainant’s fear of her life changing and her mother moving on with her life, such that the allegations were an attempt to break up the relationship with R.K. After testimony at the preliminary hearing and a recantation under examination, the Crown decided to stay all charges.
Charges of domestic assault and assault with a weapon withdraw after judicial pre-trial. N.D. was alleged to have stopped his car when his girlfriend exited the car and went to run off. N.D. was accused of forcibly pushing the young lady back in the car and hitting her with an object. The alleged victim would not cooperate with police and during the investigation was in fact charged with public intoxication. A civilian allegedly witnessed the events from about a 100 metres away. Defence lawyer Joseph Neuberger attended the scene and took measurements and pictures to establish that the witness could not have had a clear view and would not have been able to identify the client. Further, defence lawyer Joseph Neuberger convinced the Crown that given the evidence the charges could not be proven. As a result both charges were withdrawn.
Client charged with sexual assault, sexual interference, and administering obnoxious substance arising from a one night stand in Niagara Falls. After a thorough cross examination by defence lawyer John Navarrete of the complainant at the jury at trial, the client was acquitted of all charges. Mr. Navarrete worked with his client closely to ensure not only that he was prepared for his testimony at trial but that all details from the night in question were explored and reviewed.
Client charged with domestic assault in relation to his girlfriend after a night of entertainment in downtown Toronto. Defence lawyer John Navarrete conducted a trial in the Ontario Court of Justice at College Park. After Mr. Navarrete’s cross examination of the complainant, the court concluded that the complainant’s evidence was simply unreliable given her consumption of alcohol. The client was acquitted at trial.
Client charged with domestic assault in relation to his wife. Defence lawyer John Navarrete reviewed the disclosure and conducted several meetings with the Crown’s office in Scarborough. Mr. Navarrete provided materials for the Crown’s review. The Crown withdrew the charges and the client entered into a common law peace bond.
Client charged with a historical sexual assault involving a family member. After reviewing disclosure and conducting legal research, defence lawyer John Navarrete conducted several pre-trials with the Crown Attorney’s office in Brampton. Mr. Navarrete was able to demonstrate the weaknesses in the Crown’s case particularly the complainant’s lack of a concrete recollection and issues regarding her mental health. The charges were withdrawn.
Client charged with domestic assault in relation to her husband. Defence lawyer John Navarrete reviewed the disclosure and held various meetings with the Crown at Old City Hall. Mr. Navarrete demonstrated various inconsistencies with the husband’s evidence. Charges were withdrawn after the client completed the PAR program and entered into a section 810 peace bond.
Client charged with domestic assault in relation to his girlfriend. Defence lawyer John Navarrete reviewed the disclosure and held various discussions with the complainant’s independent counsel. After several meetings with the Crown in Newmarket, Mr. Navarrete was able to secure a withdrawal of the charges. The client completed the PAR program and entered into a section 810 peace bond.
Client charged with assault against his step daughter. Defence lawyer John Navarrete held various discussions with the Crown Attorney’s office at 1000 Finch and provided information for their consideration including a possible motive to lie by the complainant stemming from her personal mental health issues. The Crown agreed to withdraw all charges against the client.
Client found not guilty of two counts of sexual assault after a two day trial in the Ontario Court of Justice. J.W. was accused by a female co-worker with sexual harassment for months that led up to J.W. allegedly sexually assaulting her on two back to back days at work. Defence lawyer Joseph Neuberger carefully reviewed the statement of the complainant and five WeChat messages that the complainant provided police. These messages were from J.W. on the day of the alleged second assault. Joseph Neuberger obtained from J.W. another message that was sent by the complainant to J.W. that was about work but appeared friendly and contradicted the alleged timing of the second alleged sexual assault. After six hours of cross-examination, Defence counsel Joseph Neuberger raised numerous inconsistencies in the evidence of the complainant. This was achieved by a very surgical cross-examination. In addition, through cross-examination Joseph Neuberger got the complainant to admit that she deleted all of her WeChat messages to J.W. including messages sent by her after the alleged assaults. Joseph Neuberger established as well that the police investigation was highly deficient. The police did not interview any co-workers, did not check the security cameras for possible video of contact between the complainant and J.W., did not seize the complainant’s cell phone to recover her messages to J.W., did not photograph the work area and did not seize work time sheets to even see if J.W. was actually working in the factory at the time of the alleged sexual assaults. After a lengthy and detailed cross-examination by Joseph Neuberger, the Crown asked the Court to enter verdicts of not guilty on both charges.
Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
