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Post-conviction motion for mistrial dismissed as an attempt to reverse a tactical decision.
Following a conviction for indecent assault, the applicant brought a post-conviction motion seeking a mistrial or leave to reopen the trial.
The applicant argued the court misapprehended evidence about the nature of the touching and failed to find that a prior inconsistent statement by the complainant was a deliberate lie.
The court held it did not misapprehend the evidence and declined to provide further clarification.
The court found the defence made a tactical decision at trial not to recall the witness to cross-examine on the inconsistency, relying instead on an Agreed Statement of Fact.
Applying the Palmer test and principles from Kowall, the court declined to reopen the trial or order a mistrial based on this tactical choice.
