The appellant appealed his conviction for second degree murder, arguing the trial judge erred in admitting expert police evidence regarding a 'code of silence' in the community where the shooting occurred.
The Crown introduced this evidence to explain why the sole eyewitness initially lied to police about witnessing the murder.
The Court of Appeal dismissed the appeal, finding the evidence was relevant and necessary to provide context for the witness's behaviour, and that the trial judge implemented extraordinary safeguards to prevent prejudice, including prohibiting the word 'gang' and providing clear limiting instructions to the jury.
