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Regina v. Z.M, (2013)

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Historical charges of sexual assault x 3, sexual interference x 3, and forcible confinement withdrawn after three day preliminary inquiry in the Ontario Court of Justice. Defence lawyer Joseph Neuberger first took statements from other potential defence witnesses and gathered demonstrative evidence that limited the timing the allegations could have occurred. In addition, Joseph Neuberger conducted an extensive and detailed cross-examination of the complainant raising many issues of not only inconsistencies between her in court testimony and her statements to police, but robust cross-examination on issues of how implausible some of the facts were including where one of the alleged sexual assaults was alleged to have occurred including the manner. Defence lawyer Joseph Neuberger called evidence from the complainant’s father to also establish collusion and one other witness to establish motive for the complainant to have fabricated the allegations. As a result, all charges were withdrawn after completion of the preliminary hearing.

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