The Crown brought a pre-trial motion to admit evidence of the accused's prior discreditable conduct in a sexual assault case involving his biological daughters.
The Crown argued the evidence was probative of the actus reus and corroborated the complainant's allegations that the accused, while intoxicated and in police uniform, used his service revolver to threaten her.
The accused contended the evidence was largely inadmissible hearsay, intrinsically weak, and lacked probative value.
The court dismissed the Crown's application, finding the proffered evidence irrelevant and insufficient to establish the alleged conduct, thus failing to meet the threshold for admissibility of similar fact evidence.