Ontario Court of Justice
Respondent
Her Majesty the Queen
and
[REDACTED]
Applicant
Counsel: C. Barry and Ms N. Krigas, for Crown
Mr. J.L. Pinkofsky and S. Caramanna, for Accused
Released: February
16, 1999
O'Driscoll J
Ruling
Adverse witness gave unsworn statement to police about murder a
murder. Adverse witness then refused to testify in court as a result of fears
for his safety. The Crown applied to admit the unsworn statement. Application
was allowed: the adverse witness was a friend of the accused, had no motive to
lie, had special knowledge, not prompted by police to make a statement,
statement given within two months of the murder, and there was no evidence that
the adverse witness collaborated with anyone. Court found that the statement
was consistent with other evidence already before the jury.