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Charges of Theft Over $5,000.00 and Breach of Trust withdrawn prior to trial. M.K. was a distribution manager for a sport equipment manufacturer. He was alleged to have removed several thousand dollars of merchandise from the distribution centre. There was video surveillance showing on one day that M.K. removed a number of boxes in a suspicious manner for which the company and the Crown asserted were boxes of the stolen merchandise. Defence lawyer Joseph Neuberger sought disclosure of all inventory lists before and after the alleged theft and particulars of what exact items are alleged to have be stolen. The complainant company could only produce one set of inventory that they stated was the missing merchandise but the listing was weeks before the equipment went missing and no documents to establish inventory control. Defence lawyer Joseph Neuberger asserted that the Crown could not in any way prove the actual merchandise stolen. A trial of seven days was set. Prior to the trial a new Crown was assigned to the file and after a proper review agreed with the defence position and all charges were withdrawn.