The applicant, N.R., sought to set aside a guilty verdict for sexual assault and incest, requesting a mistrial due to alleged ineffective assistance of trial counsel, or alternatively, to reopen the trial to admit fresh DNA evidence.
The court dismissed both applications.
The claim of ineffective assistance was rejected as the court found N.R. failed to prove his counsel prevented him from testifying, accepting counsel's evidence that the decision was N.R.'s.
The fresh evidence application was dismissed because the new DNA reports lacked credibility, were inadmissible, and would not have affected the trial outcome, as the conviction was primarily based on the complainant's testimony.
