Hairun's Case — Indecent Act — Dismissed

Client:   Hairun B., Accused
Complainants:   female pedestrians outside Hairun's building
Charge:   Indecent Act, Criminal Code, s. 173(1)(a)

Background:   Hairun was a young man about to embark on his professional career. He lived on the upper floor of a highrise. Two female pedestrians said they saw him naked in his window, whistling and exposing his erect penis. They were not amused, and called the police. As a result of the police investigation, Hairun was charged with committing an indecent act.

READ THE POLICE REPORT

Goals:   Hairun was about to apply for membership in his professional association. He was rightfully worried about how the outcome of this case might affect his ability to apply for and maintain membership in his professional association. He had one goal:  "to beat the charge if at all possible."

Strategy:   We agreed that Hairun should not testify (his version of the events was decidedly unhelpful). We were left with two possible defences. The first defence concerned the issue of identification. If Hairun could not be properly identified at trial, he would be acquitted. The second issue concerned the "information." The information is the official, sworn document before the Court detailing the charge. There was a problem in the way the information was sworn. The police officer who swore the information — the person we call the informant — forgot to write his name in the blank space provided. Since the informant's signature was illegible, he or she could not be identified. My research revealed that this defect was fatal. But we had to be patient. The defect could be cured if the Crown discovered it in time, the charge of "indecent act" having a six-month limitation period. The case would be dead, however, if I could have the information declared a nullity after six months had passed.

Results:   We scheduled the trial, and bided our time. After sufficient time had passed, I attended Court again before the trial date. I pointed out the problem to the Judge and the Crown, and I made brief submissions. The Crown asked for some time to consult with her colleagues. When the Crown returned, everyone agreed that the information should be declared a nullity. The matter ended there.

READ THE COURT TRANSCRIPT
READ HAIRUN'S TESTIMONIAL