The Crown appealed the dismissal of a charge of failing to yield to a pedestrian contrary to section 144 of the Highway Traffic Act.
The respondent had sought disclosure of witness contact information, which the Crown refused to provide.
The respondent filed a Charter application seeking a stay of proceedings based on non-disclosure and prosecutorial conduct.
The trial justice granted the application and ordered disclosure.
The Crown subsequently elected not to proceed.
On appeal, the Crown argued that the respondent had attempted to relitigate a prior motion that had been dismissed, thereby raising a jurisdictional issue.
The appellate court dismissed the appeal, finding that the respondent had not sought to relitigate the same issue and that the trial justice had properly considered and rejected the Crown's relitigation argument.
