The Crown sought reconsideration of a preliminary inquiry judge's ruling denying a section 540(7) application to file transcripts of witness statements.
The initial judge had rejected the application as inadequately presented and lacking sufficient grounding.
The Crown subsequently renewed the application with a fuller record.
The presiding judge ruled that reconsideration was permissible, finding that the initial ruling was not a final determination on the merits of section 540(7) admissibility but rather a rejection of the application as presented.
The judge held that interlocutory evidentiary rulings can be reconsidered where there is no prejudice to the defence and where the interests of justice support reconsideration, particularly in preliminary inquiries where evidentiary errors cannot be appealed.
