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Charges of Sexual Assault x 3 and Assault withdrawn after cross-examination by Defence Lawyer Joseph Neuberger of the complainant at the preliminary hearing. The complainant was the former spouse of R.A. R.A. and the complainant had BDSM sexual interests. After R.A. ended the relationship and retained family law counsel, the complainant went to the police and alleged a history of physical, sexual and verbal abuse. R.A. was charged and the complainant also brought a motion in Family Court to obtain sole custody of their child. In light of the charges, an interim order for sole custody was made. Defence counsel Joseph Neuberger obtained from the client a large volume of emails between the parties dating back to when the parties started dating. The emails disclosed an ongoing relationship where both parties were more than interested in sexual contact and showed that even after the alleged dates of the sexual assaults, the complainant sought intimacy with R.A. even though R.A. made it clear the he wanted no more contact. In addition Joseph Neuberger obtained recorded sexual encounters between the parties, three of which occurred after the alleged sexual assaults and after the complainant said all sexual contact had ended. R.A. was originally represented by other counsel. A full day of the preliminary hearing was conducted and the previous defence lawyer failed to cross-examine on the email messages and on the sex tapes. Defence Attorney Joseph Neuberger, once he took over the file, obtained the emails and sex recordings from the client. Joseph Neuberger then brought a section 276 Application to be allowed to cross-examine the complainant on the emails as well as the recordings. The application was granted. Joseph Neuberger then cross-examined the complainant for a full second day of the preliminary hearing. As a result of the cross-examination, the complainant’s credibility was damaged beyond repair. The Crown determined that there was no reasonable prospect of conviction. Accordingly all charges were stayed.
