Carlo's Case — Assault (Domestic) — Withdrawn

Between
Her Majesty the Queen, and
Carlo E.

Ontario Court of Justice
Toronto, Ontario
Justice of the Peace M. Rotman

Withdrawn:  28 January 2008
(18 paras.)

Charge: Assault, Criminal Code, s. 266
Counsel:   T. Vogel, Assistant Crown Attorney, Toronto
Craig Penney, Criminal Defense Attorney, Toronto

1     MS VOGEL:  Is the Carlo E. Information before the Court yet?

2     THE CLERK OF THE COURT:  It's just arrived. As soon as we add it onto the docket.

3     MS VOGEL:  All right. Can you let me know when that's ready?

4     THE CLERK OF THE COURT:  Yes.

5     MS VOGEL:  Page ...

6     THE COURT:  Carlo E.?

7     MS VOGEL:  Yes.

8     THE COURT:  It's here.

9     MS VOGEL:  Oh, is it ready? Okay. Carlo E.?

10     MR. PENNEY:  Yes, good morning, Your Worship. Penney, initial C. Mr. Carlo E. is not here. He's in Saudi Arabia. There's a first instance warrant.

11     MS VOGEL:  All right. There's an Information before the Court. I also have the warrant for the arrest of Mr. Carlo E. This is a warrant from — they — Mr. Carlo E. was bench warranted back in 2005, as he lived in Saudi Arabia. We've had correspondence from counsel for the complainant as well as information from counsel for Mr. Carlo E. Under the circumstances, there is no public interest in proceeding with the matter. I'm asking the warrant be rescinded. I'm going to provide that to the Court now, and ask that the Information be marked ...

12     THE CLERK OF THE COURT:  We do have the warrant. It's already attached to the Information.

13     MS VOGEL:  It's — the original warrant's attached?

14     THE CLERK OF THE COURT:  Yes.

15     MS VOGEL:  All right. I'm going to ask that that be marked rescinded and the Information be marked withdrawn.

16     THE COURT:  So ordered.

17     MR. PENNEY:  Thank you so much, Your Worship.

18     MS VOGEL:  Thank you.

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