Citation: R. v. Melvin, 2009 NSSC 340
Date: 20091112
Docket: CRH 297590
Registry: Halifax
Between:
Her Majesty the Queen
Plaintiff
v.
Corey Patrick Melvin and Andrew Jason Hudder
Defendants
Restriction on publication: Restriction on publication pursuant to s.486.5 of the Criminal Code.
Judge: The Honourable Justice Kevin Coady
Heard: October 29, 2009, in Halifax, Nova Scotia
Decision: November 12,2009
Counsel: John Scott, for the provincial crown
Warren Zimmer for Andrew Hudder
Josh Arnold, QC for Corey Melvin
Elizabeth Buckle for Cst. A
Martin Ward, QC for Deputy Chief McNeil and Halifax Regional Police
By the Court:
Addendum
[1] This is a first addendum to my rulings of August 18, 2009 (2009 NSSC 249) and October 16, 2009 (2009 NSSC 307).
[2] In the former I directed that Halifax Regional Police transfer Cst. A’s “bank account” discipline file to the Crown. I directed the Crown to apply conventional Stinchcombe and McNeil principles and to provide disclosure to the defence. I stated at page 35:
“In the event that the first party disclosure leaves the accused less than satisifed they are free to request this court to review the remaining records, the second step in O’Connor.”
[3] In the latter decision I ordered production of an unvetted copy of the bank account file to the Court. I indicated that I would then conduct step 2 of the O’Connor regime by balancing the competing interests and determining whether anything more should be disclosed to the Defence.
[4] On October 29, 2009 the Crown provided me with an unvetted copy of the “bank account” file. I am satisfied that this file is an exact duplicate of the earlier vetted file.
[5] There is only one document that should be disclosed and it is attached to this ruling as Schedule “A”. The vetted line relates to the address of the bank involved and the name of the bank officer has been deleted.
J.