The applicants, charged with offences related to a tow truck turf war, sought leave to cross-examine the affiant of an Information to Obtain (ITO) that supported a wiretap authorization.
The applicants argued that the affiant made material omissions and misrepresentations regarding witness statements and other evidence.
The court applied the Garofoli test and granted leave to cross-examine the affiant on three specific topics where omissions or misstatements could potentially undermine the preconditions for the authorization, while denying leave on other topics that merely challenged reasonable inferences drawn by the affiant.
