Prosecutor's Office provided me with someone else's Info.

A_Wallis
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Prosecutor's Office provided me with someone else's Info.

by: A_Wallis on
Mon Dec 03, 2012 6:48 pm

Hello friends,

long-time lurker on this site, like to thank you all for the great info.

Anyways, I have a trial date on Wednesday of this week, I think I have a pretty solid defense lined up.

But when I recieved the officer's notes regarding my offense, the prosecutor's office also provided me with the notes on the offence of someone else who got ticketed after me. The notes include the woman's full name, home address, driver's license number, vehicle and plate number. I note that the prosecutor did make a point of blocking all of the other notes, except for my case and the woman after me. Strange no?

I was wondering if this would be grounds for dismissal, since it is a clear breach of privacy.

Let me know your thought's please, thanks friends.




A_Wallis
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by: A_Wallis on
Tue Dec 04, 2012 12:30 am

Hi guys,

going in for my trial on Wednesday, just putting final touches on my defense.

The OPP officer who was the charging officer in my case, was recently charged with two infractions causing a collision. Failure to stop at a redlight, and emergency vehicle proceed without caution. Should I use this information to attack the character and therefore better judgement of the officer's ability to assess traffic infractions/saftey in general?

I mean you wouldn't trust an Financial Planner who himself loses money, or a Doctor who misdiagnoses routine health issues.

What do you think?


Stanton
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by: Stanton on
Tue Dec 04, 2012 2:13 am

I would hazard a guess that most police officers at some point in their lives have been involved in an accident or been at the receiving end of a traffic ticket. It certainly doesn’t nullify their observations or credibility in Court. If it did, I think there’d be very few officers left to conduct traffic enforcement.

For the officer’s charges to somehow be relevant at your trial, they would either have to be directly related to your offence (i.e. he crashed into you trying to pull you over) or show some type of deceit or obstruction on the officer’s part (i.e. prior conviction for perjury).

There is case law from the Supreme Court regarding the Crown’s duty to disclose disciplinary records of misconduct by officers in criminal matters (R v. McNeil) which may be worth a read if you’re curious on the subject.

Personally I think if you try to broach the subject, the Justice of the Peace will quickly stop you. You also run the risk of simply looking like you were trying to slander the officer.




viper1
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by: viper1 on
Tue Dec 04, 2012 8:41 pm

A_Wallis wrote:Hello friends,

long-time lurker on this site, like to thank you all for the great info.

Anyways, I have a trial date on Wednesday of this week, I think I have a pretty solid defense lined up.

But when I recieved the officer's notes regarding my offense, the prosecutor's office also provided me with the notes on the offence of someone else who got ticketed after me. The notes include the woman's full name, home address, driver's license number, vehicle and plate number. I note that the prosecutor did make a point of blocking all of the other notes, except for my case and the woman after me. Strange no?

I was wondering if this would be grounds for dismissal, since it is a clear breach of privacy.

Let me know your thought's please, thanks friends.
I would go ahead with the trial.
Just bring the discloser of the woman they sent you.
I would just wait until your name is called.

See what they do (likely) drop it.

You did not receive proper disclosier.

Worst you get is another couple of months.(to deal with it)

Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"


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hwybear
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by: hwybear on
Wed Dec 05, 2012 7:27 am

viper1 wrote:
A_Wallis wrote:But when I recieved the officer's notes regarding my offense, the prosecutor's office also provided me with the notes on the offence of someone else who s.
I would go ahead with the trial.
Just bring the discloser of the woman they sent you.
I would just wait until your name is called.

See what they do (likely) drop it.

You did not receive proper disclosier.

Worst you get is another couple of months.(to deal with it)

Cheers
Viper1
why is it not proper disclosure? the OP got the disclosure and then some :wink:
unless this is a witness to the event?
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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