The Crown sought to adduce four out-of-court statements made by the complainant (CL), an 86-year-old victim of alleged sexual assault, pursuant to the principled exception to the hearsay rule under R. v. Khelawon.
The complainant was not present at trial.
The Crown argued necessity based on the complainant's anxiety, depression, fear of the accused, and reluctance to leave her apartment.
The defence conceded reliability but challenged necessity.
The court found that the Crown failed to establish necessity on the evidence presented, noting the absence of expert evidence regarding the effects of testifying, the availability of testimonial aids to address the complainant's concerns, and the complainant's prior acceptance of the need to testify.
The application was dismissed.
