The Crown brought a late application to introduce discreditable conduct evidence after the accused re-elected to be tried by judge alone shortly before trial.
The Crown argued the re-election changed its trial strategy, as it had not intended to put the highly prejudicial evidence before a jury.
The court dismissed the application, refusing to grant leave to extend the time under the Rules of Criminal Practice, finding that admitting the late application would be unfair to the accused, who did not know the case he had to meet, and would likely cause trial delay.
