The applicant, charged with historical sexual offences against his daughter, applied for certiorari to quash his committal to stand trial following a preliminary inquiry.
He argued there was no evidence proving he was the person who committed the offences.
The Superior Court dismissed the application, finding that the identity of the name on the information and the name testified to by the complainant constituted sufficient evidence for committal.
Furthermore, the court declined to exercise its discretion to grant certiorari because defence counsel had tactically failed to raise the identification issue or file a mandatory statement of issues at the preliminary inquiry.
