MISTAKEN IDENTITY

An East Indian accused was charged with assaulting a Caucasian female. The file was noted up as a strong crown case and the Crown position on a plea was four years jail for this first time offender. While ostensibly, race is not supposed to be a factor in determining innocence or guilt, statistics indicate that darker skinned accused do not fare as well in court. Regardless, the matter was set before a jury. This was a case of mistaken identification, and thus, the cross-examination needed to be simultaneously gentle and firm. Indeed, the complainant had been raped, and thus the jury would have no stomach for a brute force cross-examination or aggressive tactics. On the other hand, the witness was mistakenly identifying the accused and this could not go before the jury unchallenged. Thus, on cross-examination, Mr. Lewandowski struck a delicate balance which allowed for a vigorous questioning while still maintaining the dignity of the victim. The jury had reasonable doubt as to whether the accused had been accurately identified. The client was acquitted.