Our client was charged after he was picked out of a photo line-up by the victim of a hatchet attack. Police described the victim’s identification as “extremely confident”. In light of the serious consequences facing our client, we set the matter for a Supreme Court trial with a Preliminary Hearing in Provincial Court. The victim pointed out our client in court both times. However, we cross-examined the police officers and the victim vigorously on the appropriateness and reliability of the identification evidence. We argued before the Supreme Court judge that the identification evidence should not be accepted by the court. The Judge agreed. The charge was dismissed.
RESULT: no criminal conviction or criminal record.