The appellant was convicted of sexual assault and indecent assault against his adopted daughter.
He appealed, seeking to introduce fresh evidence—a surreptitiously recorded tape of the complainant denying the abuse—which his trial counsel had tactically chosen not to use.
The appellant argued his trial counsel was incompetent for not using the tape and not consulting him.
The Supreme Court of Canada dismissed the appeal, finding that trial counsel's decision was a competent tactical choice that did not result in a miscarriage of justice, and therefore the due diligence criterion for fresh evidence was not met.
