DATE: 20040702

DOCKET: C38801/C38802, C38820/C38821

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – SRITHAJAH GUNARAJAH, NIRMALAJAH GUNARAJAH, UTHAYARAJAH GUNARAJAH and JEGATEESAN RAMASAMY (Appellants)

BEFORE:

ROSENBERG, FELDMAN and SHARPE JJ.A.

COUNSEL:

Jennifer Budgell for the appellant S. Gunarajah

Timothy Breen for the appellant N. Gunarajah

Peter Connelly for the appellants U. Gunarajah and J. Ramasamy

Feroza Bhabha

for the respondent

HEARD & ENDORSED:

June 29, 2004

On appeal from conviction by Justice Bruce C. Hawkins of the Superior Court of Justice, sitting with a jury, on February 21, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] There was direct evidence from the complainant identifying N. Gunarajah as the driver of the vehicle and a party to the offence. The complainant knew the appellant. While there are some frailties in the complainant’s evidence, some parts of his evidence are confirmed by independent evidence. We cannot say that the verdict is unreasonable.

[2] We agree with Crown counsel that the appeal must be allowed and a new trial ordered on the basis of the challenge for cause procedure.

[3] Accordingly, the appeals are allowed, the convictions are quashed and a new trial ordered.