The Crown sought an order permitting two witnesses ordinarily resident in the United Kingdom to testify at trial via videoconference pursuant to section 714.2 of the Criminal Code.
The witnesses had testified at the preliminary inquiry by videoconference and were key to the Crown's case, having heard sounds and voices from the room where the alleged murder occurred.
The defence opposed the request, arguing that videoconference testimony would compromise the accused's right to a fair trial and full answer and defence, particularly given the seriousness of the charges and the importance of assessing witness credibility.
The court granted the Crown's request, finding that the witnesses satisfied the requirements of section 714.2, that the defence had not established that videoconference testimony would be contrary to the principles of fundamental justice, and that the circumstances fell squarely within the legislative intent of section 714.2.
