COURT OF APPEAL FOR ONTARIO
RE: HER MAJESTY THE QUEEN (Appellant) v. ROBERT GERALD HARRIS (Respondent)
BEFORE: DOHERTY, MOLDAVER and ARMSTRONG JJ.A.
COUNSEL: Randy Schwartz for the appellant
No one appearing
HEARD & ENDORSED: September 22, 2005
On appeal from the acquittal entered by Justice R.J. Walneck of the Ontario Court of Justice dated March 7, 2005.
A P P E A L B O O K E N D O R S E M E N T
1This is a Crown appeal from an acquittal following a refusal of an adjournment.
2The subpoena required the witness to remain in attendance unless and until directed otherwise by the court.
3In any event, the refusal to allow the adjournment, when it became apparent that the witness had left the courthouse, was arbitrary and calculated to bring the administration of justice into disrepute.
4The appeal is allowed, the acquittal set aside and a new trial ordered.