Supreme Court

Judge:

The Honourable Justice Peter P. Rosinski

Heard:

November 28, 2016 in Halifax, Nova Scotia

Written Decision:

December 7, 2016 (oral decision rendered November 28, 2016)

Subject:

Obligation of defence to provide to the Crown, copy of a statement provided by Crown witness to defence private investigator.

Summary:

The defendants are charged with offences against R.M.  RM provided two statements – a lengthy audiotaped statement to the police (within days of the last incident alleged); and, R.M. provided a statement to a private investigator, Eric Mott, retained by the defendants (14 months after the last alleged offence).  In cross-examination of R.M. at trial, the defence counsel wished to put portions of the private investigator statement to R.M.  The Crown objected that it did not have a copy of that statement, and sought to have a copy before the witness was referred to any portions of that statement.

Issues:

[1] Is the Crown in the circumstances entitled to a copy of the private investigator statement?

Result:

As a matter of trial fairness, the Crown is entitled to a copy of the private investigator statement