DATE: 20020212 DOCKET: C33270

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. SHOLA GRAY (Appellant)

BEFORE:

McMURTRY C.J.O., ROSENBERG AND MacPHERSON JJ.A.

COUNSEL:

Shola Gray

In Person

Gregory J. Tweney

For the respondent

HEARD:

December 21, 2001

On appeal from the conviction made by Dyson J. dated November 15, 1999.

E N D O R S E M E N T

[1] This appeal was heard on December 21, 2001 and our decision was reserved in order to give the appellant and the respondent until January 23, 2002 to file affidavits regarding the issue of crown disclosure.

[2] An affidavit was filed on behalf of the respondent but no affidavit from the appellant was received. The affidavit filed on behalf of the respondent indicates that the appellant did have the relevant disclosure of the wiretap authorizations, supporting affidavits and related appendices.

[3] In our view, the only issue in this appeal that might have merit is the issue as to whether the appellant had proper disclosure.

[4] In the result, having decided that disclosure was made, the appeal is dismissed.

“R. Roy McMurtry C.J.O.”

“M. Rosenberg J.A.

“J. C. MacPherson J.A.”