Second degree murder trial. Issue regarding “the admissibility of lay opinion evidence [from police officers] concerning the identification of a black man in a surveillance video recorded at Joey’s Restaurant in the hour before Mr. Maloney was shot outside that restaurant, is admissible before the jury.”
Held: Video inadmissible.
“This type of non-expert opinion evidence is admissible provided that the witness has a prior acquaintance with the accused and is thus in a better position than the trier of fact to identify the perpetrator”: Brown (2006) 215 CCC (3d) 330 (ON CA). Test not met. The police in question had little prior acquaintance with the accused. Further, the evidence in question was of marginal probative value, and could have a severely prejudicial effect upon the trial.
J. Sawani – Defence Counsel