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Regina v. F.Z. (2019)

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Client acquitted after three day trial in the Ontario Court of Justice, Newmarket of Domestic Assault.  F.Z. had an argument with the complainant regarding his belief that she was unfaithful to him.  The complainant alleged that F.Z. had pushed her down onto a bed and choked her for at least 10 minutes.  During the altercation, F.Z. sustained a serious tear to his groin area requiring 12 stitches.  F.Z. called police but was charged.  Defence lawyer Joseph Neuberger was retained.  Joseph Neuberger, Paralegal Grace Condello and senior clerk Daisy Zhang conducted extensive client interviews and obtained the client’s medical records related to the injuries he sustained including a bite mark to his finger, and pictures of the injuries.  Defence lawyer Joseph Neuberger referred the client to a family lawyer as the complainant had applied for divorce and immediately sought sole custody of their two children.  Detailed review of the evidence of the complainant was conducted, including the photographs of her injuries.  The injuries showed only a scratch to on side of her neck, abrasions to her right clavical and a swollen right eye.  Extensive time was spent with the client preparing him for trial.  In addition, Joseph Neuberger obtained from the family lawyer the Family Court pleadings.  At trial Joseph Neuberger cross-examined the complainant on her motivation to seek sole custody and that obtaining a conviction in the criminal case would help her with obtaining sole custody, thus illuminating a motive to fabricate.  Further, detailed cross-examination of the alleged sequence of the alleged assault was reviewed and the complainant could not or would not explain her injuries as they did not correlate with the manner in which she described the assault.  Under cross-examination there were other crucial admissions from the complainant that undermined her reliability.  F.Z. testified and described that in fact he was attacked and defended himself. The manner of the attack and his defence described matched the injuries of both parties.  After extensive submissions, the defence succeeded and the client was found not guilty.

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