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Charge of domestic assault withdrawn just prior to commencement of trial. M.L. was charged with assault after his ex-wife made a complaint to police about of an alleged assault immediately after she and M.L. had a disagreement over the matrimonial property. Defence lawyer Joseph Neuberger was retained and he carefully reviewed the statement of the complainant and the family court documents. Joseph Neuberger worked closely with his client and obtained source documents to refute various aspects of the complainant’s evidence. In addition, M.L. was actually assaulted by his wife and took pictures of his injuries. The police notes showed inconsistencies in the evidence of the complainant. For example, when first spoken to by police, the complainant described an assault which was inconsistent with the injury claimed by the complainant. In fact the police officer noted “no injuries consistent with the alleged assault”. The next day, the complainant attended the police station to provide a video-taped statement and showed officers a swollen hand and claimed it was a result of the assault she reported but the police notes clearly indicate “the complainant could not explain how she obtained the injury”. However, her injury was consistent with M.L.’s defence and his description of how he was assaulted by the complainant. The defence lawyer Joseph Neuberger, assisted by his senior paralegal Grace Condello, charted out the evidence, inconsistencies and the evidence supportive of M.L. M.L. had not seen his son in 9 months since being charged because the complainant had not complied with the family court order. Due to the time issues and the urgency to bring a motion on in family court, Joseph Neuberger approached the Crown and provided extensive defence disclosure including pictures and the chart of the evidence. The Crown reviewed the material and determined based upon the defence evidence there was NO reasonable prospect of conviction. As a result the charge was withdrawn.