COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. JODO IBRAHIM (Appellant)
BEFORE:
DOHERTY, LASKIN and FELDMAN JJ.A.
COUNSEL:
Nathan Gorham
for the appellant
G. Choi
for the respondent
HEARD & ENDORSED:
January 11, 2005
On appeal from the conviction entered by Justice Peter A. Grossi of the Superior Court of Justice dated November 9, 2001.
A P P E A L B O O K E N D O R S E M E N T
1There was some confusion as to whether the accused should be tried by a judge alone or a judge and jury. We are satisfied that s. 598(1) precluded the appellant’s right to be tried by a judge and jury absent the appellant “establishing … a legitimate excuse” for his failure to appear at trial. The appellant at no time sought to establish a legitimate excuse for his non-appearance. He was not entitled to a jury trial and was properly tried by a judge alone.
2The trial judge’s reasons reveal no error in his assessment of credibility or the application of the burden of proof.
3The appeal is dismissed.