COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Respondent) v. FREDERICK T. COLE (Appellant)
BEFORE: CATZMAN, ABELLA and FELDMAN JJ.A.
COUNSEL: Marie Henein and Melanie Dunn
for the appellant
Milan Rupic
for the respondent
HEARD: April 19, 2001
On appeal from conviction by the Honourable Mr. Justice Strong dated January 6, 2000 and sentence dated April 14, 2000
E N D O R S E M E N T
Released Orally: April 19, 2001
1In our view, the trial judge’s findings of credibility were inconsistent and warrant a new trial.
2The trial judge acknowledged that, since the complainant was “a self admitted manipulator and liar” who had concocted a story of physical abuse against her father, her evidence had to be approached with caution. Given the timing of the allegations, the complainant’s motives and her past lies, the evidence in this case called for particular caution.
3We are persuaded by Ms. Henien that, for the reasons submitted by her, the trial judge’s identification and analysis of the corroborative evidence was flawed and that the appropriate remedy is a new trial.
4Accordingly, the appeal is allowed, the conviction is set aside, and a new trial is ordered.
“M. Catzman J.A.”
“R.S. Abella J.A.”
“K. Feldman J.A.”