Dermot's Case — Criminal Harassment — Withdrawn

Client:   Dermot S., Accused
Complainant:   Dermot’s former girlfriend, Susie Q.
Charge:   Criminal Harassment, Criminal Code, s. 264

Background:   Dermot wasn’t sure if Susie had really moved on. She said it was over, but she kept calling him. Susie kept telling Dermot that she wasn’t sure if her new boyfriend was the right guy. During one of these calls, Dermot agreed to meet up with Susie. They met near the Toronto waterfront on a warm, sunny day on 3 August 2002. They talked for three hours. Unfortunately, the great weather belied the gloomy events that followed. The next day the police contacted Dermot. He was quite surprised. Susie had complained that Dermot was bothering her. The police asked Dermot to have no more contact with her. Dermot told the police "no problem." On 20 August 2002, Dermot was shocked when the Police came to arrest him. Susie had reported that Dermot had been stalking her the previous evening. Dermot and his parents explained to the police that he had been at home the whole time. The police didn't take his alibi seriously. He was charged with criminal harassment.

READ THE POLICE REPORT

Goals:   Dermot did not want a criminal record. That meant getting the charge withdrawn or beating it at trial.

Strategy:   Since Dermot’s matter was considered a "domestic" matter, we expected some resistance in getting the matter withdrawn. My position was that the Crown had a weak case. Susie’s statements from August 3rd and August 19th were inconsistent. In addition, I had a strong alibi from Dermot’s parents concerning the August 19th incident. Over a nine-month period, we had eight Court appearances, three Crown pre-trial meetings, and one judicial pre-trial meeting with a judge, the police, and the Crown.

Results:   In the end, the Crown relented. They agreed to withdraw the charge if Dermot agreed to have no contact with Susie for six months. Dermot signed a peace bond. The charge was then withdrawn.

READ DERMOT'S TESTIMONIAL