The defendant, charged with sexual assault, applied for a stay of proceedings due to the police losing an audio tape of the complainant's initial statement.
The court found the loss was due to unacceptable negligence but dismissed the stay application, concluding the defendant could still make full answer and defence using the officer's contemporaneous notes and a later video statement.
The defendant also sought disclosure of various records.
The court ordered the Crown to disclose the complainant's criminal record and inquire into other complaints made by her, but held that police occurrence reports from unrelated investigations were third-party records requiring an application under s. 278.3 of the Criminal Code.
The court also declined to order the Crown to provide a binding witness list.
