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Charges of Sexual Assault x 2 withdrawn after extensive preliminary hearing. P.G. was in early stages of dating the complainant and the two had sexual interaction. After P.G. failed to contact the complainant, the complaintant concluded, in her mind, that she was sexually assaulted during two dates with P.G. and went to the police. Joseph Neuberger was retained as the defence lawyer and the firm’s senior paralegal Grace Condello assisted with the defence.  Diligent defence work resulted in obtaining through disclosure and data recovery of the complainant’s phone text messages including critical evidence of messages between the complainant and her friend about P.G. “Ghosting” the complainant and how upset she was. Also the complainant with the assistance of her friend set up fake Facebook book accounts and posted remarks regarding the complaintant and threatened him via Facebook messaging.  The complainant after all of the messaging then had gone to police and laid the charges. Thus, Defence Lawyer Joseph Neuberger uncovered solid evidence that the allegations were made as a result of the complainant feeling jilted by P.G. During cross examination at the preliminary hearing the complainant was challenged on all of the defence evidence and it then became obvious that the complaintant was not credible nor reliable about the allegations.  As a result the charges were withdrawn.
Note:  Sadly the federal government’s new legislation amending the Criminal Code under Bill C 51 and Bill C 75 will now make this type of defence much more difficult. The new amendments eliminate preliminary hearings for sexual assault cases. Also because of Bill C 51 lawyers will have to disclose and argue at a hearing the relevance of all the messages and Facebook messaging that was so important in this case.  Thus from now on the complainant will get full disclosure from the defence well prior to trial of such evidence and can argue it is not relevant and ought to be excluded. As well there are no more preliminary hearings . Such changes are a shameful attack on due process and the ability of anyone accused, male or female, to make full answer and defence.  In this case, solid defence work uncovered clear evidence of motive to fabricate and in the future the ability to defend has become a greater challenge.  That is why experience is necessary to defend sexual assault charges.