The Crown applied to admit a videotaped statement made by the complainant, Ms. Jacqueline Lawton, to Peel Regional Police on August 5, 2012, pursuant to the rule of past recollection recorded.
The witness testified that she had blurred and groggy memories of the events due to consuming vodka and medication, but recalled certain details such as the windshield being smashed and her subsequent actions.
The court found that the witness did not have a genuine loss of memory but rather a selective memory, deliberately choosing not to recall certain events.
The application was dismissed.
