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Regina v. H.K. (2016)

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Charges of Assault with Weapon, Assault x 6, Cruelty to Animals and Utter Death Threats x 2, withdrawn at the commencement of trial. H.K. and the complainant had been a couple for over 15 years and married for about six years. While H.K. was away on a business trip, the complainant attended the police station and made allegations of historical and current abuse. The complainant had hired a family law lawyer just prior to attending at the police station. When H.K. arrived home, he was arrested at the airport. The next day, the complainant filed a divorce application, seeking exclusive possession of the home and sole custody of their child. In the Application, the complainant detailed the alleged abuse and the fact that H.K. was charged with various criminal offences. H.K. was held for bail and then released with restrictions not allowing him contact or to attend the home. Defence lawyer Joseph Neuberger, obtained all of the family court documents, and reviewed years of emails and messages between the complainant and H.K. Even while away on the business trip, all communications were loving and supportive. In fact, email communications before and after alleged dates of offences showed only a loving and supportive relationship. The client also kept years of cards and pictures also demonstrating a loving relationship, all painting a picture contrary to the complainant’s version of the marriage. Defence lawyer Joseph Neuberger disclosed all of the communications and pictures to the Crown prior to trial as well as a detailed letter outlining the lack of corroborating evidence, and significant issues related to a possible motive to fabricate. At the eve of trial, the Crown concluded that there was no reasonable prospect of conviction. All charges were withdrawn.

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