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Regina v. Z.H. (2010)

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Client’s charge of perjury was withdrawn in the Ontario Court of Justice, Toronto. The client was charged with perjury after testing as potential surety in a bail hearing. Client questioned by Crown Counsel on a past alleged conviction. After reading the affidavit of the client, the Crown searched the name of Z.H. in the police information system and came up with a purported prior conviction with a jail sentence. Crown counsel then cross-examined Z.H. at the bail hearing. After Z.H. denied the prior conviction, he was arrested for perjury. Client was held for bail and then released. Defence counsel Joseph Neuberger sought from the Crown, by way of disclosure, a statement from the Crown as to when the client’s name was searched, why, and why was the details not disclosed prior to Z.H. testifying. In addition, information was sought on the Crown policy to disclosing information obtained on a search of a potential surety. Joseph Neuberger took the position that if the Crown had obtained such information, whether it was accurate or not, that information had to be disclosed prior to any questioning of the surety. As such, the charge against Z.H. was withdrawn.

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