Appeal from conviction on a charge of sexual touching. Issue as to whether trial judge erred in accepting into evidence the complainant’s videotaped statement to police, and her preliminary inquiry testimony. Complainant largely recanted at trial.
Held: Appeal dismissed.
“There is no list or pigeonholed description of the type of situation that must exist to establish either necessity or reliability … the necessity criterion is based on society’s interest in getting at the truth and is given a flexible definition … to accept defence counsel’s argument on the admission of the hearsay evidence would be to accept that a recanting witness can once again defeat the public’s interest in prosecuting criminal behaviour, and hold the court hostage by simply refusing to answer questions at trial about the accuracy of statements earlier made.”
A. Simic, Defence Counsel