Ontario Superior Court of Justice
Her Majesty the Queen
Respondent
And
[REDACTED]
Applicant
Released: February 27,
2006
Counsel: Christina Lynch, for Crown
Matthew Friedberg,
for Accused
O'Connor
J.
Ruling
The accused was charged with sexual assault and several other
sexual offences against his daughter, who alleged the offences occurred over
the course of six years, when she was between 10 and 15 years of age. The
complainant made a videotaped statement to police in 2003, at the age of 17.
The accused applied to have the videotaped evidence deemed inadmissible. The
Court ruled the evidence was admissible as the introduction of the statement
would not have a prejudicial effect greater than its probative value, nor would
the admission of the video recording at trial interfere with the proper
administration of justice.