144(18) disclosure troubles ..trial is about 6 weeks away.

CumminsDiesel
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144(18) disclosure troubles ..trial is about 6 weeks away.

by: CumminsDiesel on
Tue Feb 28, 2012 1:39 pm

Hi Guys,

I received a 144(18) on July 7,2011. No accident.

I filled out the Mississauga prosecutors office disclosure request sheet 9 weeks prior to my trial date of April 12,2012.

Disclosure (hand written notes were provided the following week. I couldn't make heads or tails of them so I faxed in a proper disclosure requesting :

o a full copy of the police officer’s notes;
o a copy of both sides of the officer’s copy of the ticket (Notice of Offence);
o a typed version of any hand written notes;
o witness will say statements;
o witness statements;
o any statements made by the defendant;
o copies of the original notes of such statements; and
o the names and address, occupation and criminal record of the persons providing such information.

It didn't occur to me to ask for video or photographic evidence

Clerk called me today (Feb 28, 2011) to tell me that disclosure was ready for pickup. When I asked what was available she said typed notes. That's it. Should I pick these up before the trial or request that they are mailed to me?)

I asked for a copy of both sides of the officer’s copy of the ticket (Notice of Offence) and she said, "We don't do that" and went on to tell me to see court administration.

At this point all I have is hand written and typed notes along with a typed letter identifying how long the officer has been with the force.

Should I pick up the letter or ask for them to mail it?
What are my options at this point ?
Is there anything else I can ask for?

Thank alot for your help everyone,
Mike B


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by: OPS Copper on
Tue Feb 28, 2012 3:55 pm

Disclosure (hand written notes were provided the following week. I couldn't make heads or tails of them so I faxed in a proper disclosure requesting :

o a full copy of the police officer’s notes;
o a copy of both sides of the officer’s copy of the ticket (Notice of Offence); Here there is no back to a ticket as it is all elecronic
o a typed version of any hand written notes; you got
o witness will say statements; if there is a only the cop, it will not exist
o witness statements; see above
o any statements made by the defendant; Not sure what this is but since you were there you know what you said
o copies of the original notes of such statements; you got
o the names and address, occupation and criminal record of the persons providing such information. No chance in heck of getting that as it is not relevant and a huge breach of privacy laws

it looks like you got everything that you are entitled to get on your request list
OPS


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by: Simon Borys on
Wed Feb 29, 2012 12:45 am

Courts are usually not obligated to mail you your disclosure. They are simply obligated to "provide" it to you, which usually just means making it available (to be picked up). If you refrain from doing so, the justice of the peace may feel that you're not being sincere in your efforts to obtain and review disclosure and may not grant you an adjournment at the next date if you're looking for one.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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hwybear
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by: hwybear on
Wed Feb 29, 2012 8:11 am

OPS Copper wrote: o a copy of both sides of the officer’s copy of the ticket (Notice of Offence); Here there is no back to a ticket as it is all elecronic
We are not so computer era here and still hand write the PON. However, still a redundant thing to ask for.
Front of police copy = will be the same as your yellow copy you got in your hand and same as white copy was filed with court(which JP will have at trial)
Back of police copy = either notes (which is already copied and given to you) or blank (as notes written in notebook)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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