The accused was convicted of several offences related to domestic violence after the complainant's recanted statements were admitted for their truth.
Prior to sentencing, the defence learned that the Crown had instructed police to remove a material witness warrant for the complainant from CPIC and failed to disclose that the complainant had been arrested and released.
The defence applied for a stay of proceedings for abuse of process and subpoenaed the trial Crown.
The court quashed the subpoena, finding the Crown's evidence was not strictly necessary.
The court found the Crown's conduct constituted an abuse of process by interfering with a judicial order and breaching disclosure obligations.
However, the court concluded a stay was not warranted and instead ordered a mistrial.
