OBTAINING IMPEACHMENT FODDER FOR CROSS-EXAMINATION

Most cases that proceed in a domestic assault or sexual assault context are he said she said cases. That is, the extent of the evidence against the client is the verbal testimony of the complainant. Obviously, unlike objective pieces of evidence such as surveillance footage or DNA, the testimony of one lone witness is prone to all classic human frailties. This includes failed memory, skewed recollection, malice and motive to fabricate. Similarly, the same evidentiary problems that exists with a complainant, are often present in the accused. Thus, a successful defence will often be assisted by independent third party records. These may include phone records, previous emails, videos, letters, family court filings, CAS filings amongst other items. These pieces of evidence can be akin to cross-examinational gold, in that they constitute pieces of evidence that contain facts beyond change, such as a time stamp, date of filing, or previous rendition of events. Unfortunately, these items are not available to the defence as of right. To obtain them, a third party records application may be required. These applications are onerous, and often have the effect of tipping off the Crown as to where the weaknesses in the complainants story lie. Regardless, the application may be necessary in your defence.

Many high profile acquittals have resulted from the use of third party materials on cross-examination. These items constitute the weaponry necessary to mount a successful defence of your case. If you are interested in mounting a successful legal assault on your accuser, this requires preparation, and preparation requires proper funding. If you have been accused of a criminal offence by your ex, the unfortunate fact of the matter is that you will be required to proceed through the system whether the allegation is true or false. It is in your interest to retain an Ottawa criminal defence lawyer who has the ability to ferret out lies from interested complainants.