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Charges of Assault x 6 (Domestic), Sexual Assault x 2 (Domestic) and Fail to comply x 2 withdraw prior the commencement of the preliminary hearing. D.S. was charged by his ex-wife with historical allegations dating back almost six years prior to the couple’s separation. The charges were laid just after D.S. won a interim custody order in family court. The client immediately had difficulty retaining custody of his children once the charges were laid. Defence lawyer Joseph Neuberger worked with the family law counsel to gather up all of the complainant’s affidavits and pleadings. In addition, Joseph Neuberger obtained a recording of a song that the complainant had the children sing to D.S. just after separation about how he was sick in the head. Discussions occurred between the assigned Crown and Joseph Neuberger due to concerns for the well being of the children. As a result, Joseph Neuberger provided a detailed chart of the inconsistencies in the complainant’s evidence between her statement and the various affidavits filed in Family Court, a recording of the son and Joseph Neuberger further provided the full draft cross-examination to the Crown for her review. After discussions, the Crown agreed with Defence lawyer Joseph Neuberger that there was no reasonable prospect of conviction. As a result, all charges were withdrawn.