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Regina v. J.W. (2015)

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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.

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