Hairun's Case — Indecent Act — Dismissed

Between
Her Majesty the Queen, and Hairun B.

Ontario Court of Justice
Brampton, Ontario
Waldman J.

Dismissed:  2 August 1996
(19 paras.)

¶ 1     MR. PENNEY:  Mr. Hairun B. is not here. He's asked me to appear as agent. It's a date to confirm a trial date, Your Honour.

[COURT REPORTER'S NOTE: at this time further discussion followed]

¶ 2     THE COURT:  Well, it's not amendable it's a — I agree with you.

¶ 3     MR. PENNEY:  It's a nullity. 

¶ 4     THE COURT:  It's a nullity. However, it seems to me that that's easily corrected. Now, if you don't want to hang on to that trial date, you don't have to. If you're going to take the position that — what position now are you going to take?

¶ 5     MR. PENNEY:  It's my position, Your Honour, this morning that the information is a nullity. If Your Honour agrees with that, you have no jurisdiction to remand it to the trial date and having declared it to be a nullity, I leave it up to the Crown whether they ...

[COURT REPORTER'S NOTE: at this time further submissions then followed]

¶ 6     MS BASSO:  Yes, if I could address the Hairun B. matter.

¶ 7     THE COURT:  Yes.

¶ 8     MR. PENNEY:  Good morning again, Your Honour, Penney, initial C.

¶ 9     THE COURT:  Yes.

¶ 10     MS BASSO:  Yes, I've reviewed this matter, Your Honour, and because the Informant's signature is illegible, basically ...

¶ 11     THE COURT:  It's gone.

¶ 12     MR. KELLY:  ... it is a nullity and it's outside the six month period, so a new Information can't be laid.

¶ 13     THE COURT:  Thank you.

¶ 14      MR. PENNEY:  Thank you, Your Honour. The trial date, Your Honour, it's a full day, courtroom number ten ...

¶ 15     THE COURT:   September 6th ...

¶ 16     MR. PENNEY:  ... September 6th.

¶ 17     THE COURT:  ... courtroom ten, it's free. Thank you.

¶ 18     MR. PENNEY:  Thank you. I thank my friend.

¶ 19     THE COURT:  Thank you, sir.

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