Sexual assault trial. Defence application for a mistrial on the basis of incomplete disclosure / notice regarding two Crown expert witnesses. Defence received late (during trial) disclosure of photographs and a report from a police forensic expert. Further, defence contended that the evidence provided by a medical doctor extended well beyond the scope of the proposed evidence set out in the original 657.3 CC notice.
Held: Application dismissed.
Regarding the police expert, the accused met the burden of establishing that the non-disclosure affected trial fairness. However, as the Crown’s case was still open, the appropriate remedy was to have the complainant recalled for additional cross-examination. With respect to the medical doctor, the doctor exceeded her expertise, and commented upon the ultimate issue, on opining about the likely cause of injury to the complainant’s hymen. The appropriate remedy was to rule as inadmissible evidence given beyond the doctor’s expertise.
R. Snider – Defence Counsel