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Regina v. A.Q. (2017)

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Charges of Sexual Assault with a Weapon (Domestic), Assault x 2 and Choking withdrawn after extensive defence investigation and negotiations with the Crown Attorney. A.Q. and his wife were having marital issues related to alleged drug abuse by the wife. One Friday, the complainant wife did not return home with the child of the marriage. A.Q. got worried and called police and CAS. The complainant and the child were found and later returned home. However, a dispute broke out about what happened and A.Q. had stated that he wanted a divorce and that the child was not safe in the complainant’s care. The next day, the complainant attended a police station along with several of her family members and made a number of historic allegations of domestic abuse including sexual assault. A.Q. was arrested. He retained Joseph Neuberger as defence counsel. Joseph Neuberger obtained and reviewed all the statements including three long statements given by the complainant. A chart was creating by Joseph Neuberger noting numerous inconsistencies in details, dates, and factual allegations. In addition, when obtained medical records from the family physician, there was a complete lack of any evidence of physical injuries contemporaneous with the dates of the alleged assaults. Defence lawyer Joseph Neuberger obtained other evidence with the assistance of his client and then prepared defence disclosure to the Crown along with a detailed letter outlining the reliability issues of the complainant, including a copy of the defence chart. After extensive and prolonged discussions with the Crown, all charges were withdrawn as there was no reasonable prospect of conviction.

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