Courthouse: Ontario Court of Justice Hamilton
Counsel: Jordan Peach
Date of Judgment: October 11, 2024
Background
Mr. L was arrested after a complaint was made to police about an unwanted persons in an apartment. The complainant reported that at least two people had been staying in his apartment and refused to leave, and that he was concerned for his safety because Mr. L was hiding a shotgun in the vent. Additionally, the complainant reported that Mr. L had pulled the shotgun from the ceiling vent, loaded it and pointed it at him while threatening to shoot the complainant unless he paid for Mr. L’s missing drugs.
Police attended and arrested Mr. L in the complainant’s apartment and located the sawed-off shotgun in the vent. Mr. L maintained he knew nothing about the shotgun – he was clear and firm in his position that he never touched the gun or pointed it at anyone.
The Issue
The credibility and reliability of the complainant were a live issue. The complainant had permitted numerous people to come and go from his apartment on a daily basis, which was confirmed by the surveillance cameras outside the complainant’s apartment. More than 10 different people were captured coming and going from the unit on a single day. Additionally, the complainant was observed consuming magic mushrooms just hours before he indicated Mr. L had pointed a shotgun at him.
In addition to issues with the complainant, there was a lack of corroborating evidence. There were no fingerprints located on the firearm. A “complex mixture” of DNA was found on the firearm, but the sources of DNA could not be determined. Additionally, there were many fingerprints located in the area where the gun was found, but police determined there were too many prints for testing.
The Strategy
On the first day of trial, the complainant was at court briefly before disappearing. The Crown requested an adjournment to the next trial date to locate the complainant. The Crown also sought a material witness warrant, which was granted. This permitted police to apprehend the complainant and bring him to court.
On the second day of trial, the complainant did not show up. The Crown requested a further adjournment for police to locate and apprehend the complainant. Counsel Jordan Peach resisted the Crown’s attempts, but the Judge agreed there was a possibility the complainant could be located and brought before the court.
On the third day of trial, the complainant did not show up again and police had been unable to locate him. The Crown again requested an adjournment which counsel opposed. At this time, the court agreed that there appeared no prospect the complainant would be located in the near future and refused to grant a further adjournment.
Result
Mr. L was then arraigned on all counts and plead not guilty. The Crown had no evidence to call and Mr. L was acquitted of all the charges. Mr. L spent one year in custody as a result of the pending charges and was extremely happy to regain his freedom and return home to his family.