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Mistrial application alleging ineffective assistance of counsel dismissed.
Following a finding of guilt for sexual assault, the accused applied for a mistrial alleging ineffective assistance of counsel.
The accused claimed he was deprived of an informed election as to mode of trial, that counsel failed to call proposed defence witnesses, and that counsel effectively decided that the accused would not testify.
The Ontario Court of Justice dismissed the application, finding that trial counsel provided reasonable professional assistance and strategic advice, and that the accused failed to establish that he was deprived of the ability to make the fundamental decisions belonging to him, or that any prejudice resulted.
