DATE: 20010424

DOCKET: C34227

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

[1] In our view, the trial judge’s findings of credibility were inconsistent and warrant a new trial.

[2] The 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.

[3] We 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.

[4] Accordingly, 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.”