The appellant, an OPP officer convicted of breach of recognizance and mischief to data, brought an application to introduce fresh evidence on her summary conviction appeal.
The proposed evidence included alibi witnesses, computer forensic expert evidence, and evidence attacking the complainant's credibility.
The Superior Court of Justice dismissed the application, applying the Palmer test.
The court found that the evidence could have been adduced at trial with due diligence and that the expert computer evidence lacked sufficient cogency to reasonably affect the verdict.
