The accused was charged with two counts of assault against his girlfriend.
The Crown proved the case beyond a reasonable doubt based on the complainant's credible testimony regarding an assault in October 2018.
However, the court stayed the proceedings due to lost evidence.
The police failed to preserve the audio portion of the complainant's videotaped statement to police, and no meaningful alternative record was created.
The court found this constituted unacceptable negligence in preserving disclosable evidence and violated the accused's Charter right to make full answer and defence, as the lost statement was the only prior account available to test the complainant's credibility at trial.
