Prosecutor asking for FOI request

Dcam1989
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Prosecutor asking for FOI request

by: Dcam1989 on
Wed Nov 24, 2010 11:50 am

I'm asking for an adjournment for a trial I have, one of the reasons is I have yet to receive my FOI request. The prosecutor just called me and wants my request. The problem I have with this is this is part of my defence and would be an unfair trial should he see some of what I am basing my case on.

Do I have to give him my request?


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hwybear
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by: hwybear on
Thu Nov 25, 2010 2:24 pm

I don't know the legalities of it, but this what I have seen....

I saw a simliar situation this past week in criminal court, defence has to provide the document to prosecution for review, trial is now put over for another date for continuation to give prosecution time to thoroughly review the report.

Same thing happens when defence brings in "case law" before the court, if prosecution is not familiar with the "case law", a copy is then provided for review, most often takes a recess and/or trial put over for continuation on another date.
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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