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Regina v. K.Z. (2017)

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Charge of Sexual Assault and Forcible Confinement withdrawn after numerous judicial pre-trials. K.Z. had met a young lady and the two went to dinner and then decided to stay at a hotel. During the course of the evening an argument broke out and the complainant ran from the room to the front lobby and alleged that she had been sexually assaulted. The client was arrested. He was in Canada as a student and any finding of guilt would have resulted not only in jail but removal from Canada. Defence lawyers Joseph Neuberger and Mariya Protsenko were retained. Joseph Neuberger consented to DNA testing as the Crown wanted to see if in fact any DNA from K.Z. was on the complainant. Furthermore the client had given a problematic statement to police but there were contradictory aspects to the complainant’s statement as well. The DNA results showed the presence of DNA that matched K.Z. but was not where the complainant had alleged it would be on her person. Further there could have been innocent transference of DNA. Joseph Neuberger and Mariya Protsenko researched the statement issue and developed a strong argument to exclude the client’s statement from trial. After extensive discussions with the Crown and the pr-trial judge about the merits of the case, the Crown agreed to withdraw the charges if the client signed a common law peace bond. As such, all charges were withdrawn.

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