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Regina v. S.V. (2017)

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Charges of sexual assault, sexual interference and invitation to touching dismissed. The trial began in the Superior of Court of Justice, Toronto. The charges were in relation to allegations that the accused molested his son nearly a dozen times over the course of a month. Defence lawyer Christopher Assie was retained. He conducted a preliminary inquiry and cross-examined the complainant and his sister in great detail. At trial, Christopher Assie vigorously cross-examined the complainant and elicited dozens of contradictions between his testimony and various statements to the police. The complainant admitted to having lied to the police in order to incriminate his father. Through a skillful cross-examination, Christopher Assie was able to set out that the complainant had fabricated the abuse in order to have his father removed from the home due to the parental alienation that his mother had inflicted on her son. The cross-examination was so powerful that the prosecutor acknowledged that irreparable harm had been done to the complainant’s credibility and that there was no longer a reasonable prospect of conviction. The prosecutor elected to not call any further evidence and urged the judge to dismiss the case against the client.

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