Imran's Case — Assault (domestic) — Withdrawn

Client:   Imran R., Accused
Complainant:   Sadhu R., Imran's former spouse
Charges:   Assault (5x) and Threatening (2x)

Background:   Imran married Sadhu in Pakistan. He then brought her to Canada. It was not a happy marriage. In May 1998, after they had separated, Sadhu convinced a Justice of the Peace to charge Imran with assault. The assault concerned an event two months earlier. The police then launched an investigation. Seven months later, they charged Imran with four more assaults and two threatening charges. The alleged offences were from August 1997 to March 1998.

READ THE POLICE REPORT

Goals:   Imran steadfastly maintained his innocence. He wanted all charges withdrawn. Failing that, he was prepared to fight all charges at trial.

Strategy:   It became clear early on that the Crown was not interested in withdrawing the charges. We focused our energies, therefore, on preparing for trial. We had a preliminary hearing. We later scheduled the matter for trial by judge and jury. In preparing for trial, we met an obstacle. It turned out to be the Crown's Achilles' heel. One of the police officers had lost his interview notes with Sadhu. Two weeks before trial, I filed written submissions asking that all charges against Imran be dismissed. Imran could not, I argued, receive a fair trial. The police had lost the notes of a critical interview with Sadhu. Without these notes, I would not be able to fully cross-examine her. There were no other witnesses. If the matter proceeded to trial, mounting an attack on her credibility would be essential to Imran's defence. Proceeding without these notes, I argued, would breach Imran's right to a fair trial. 

Results:   I never got a chance to make the argument in open Court. A few days before trial, the Crown advised me that she had read my submissions, and that she agreed with me. After seventeen months of battle, all charges were withdrawn.

READ THE WRITTEN SUBMISSIONS
READ THE COURT TRANSCRIPT