COURT OF APPEAL FOR ONTARIO

DATE: 20050922

DOCKET: C43328

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

[1] This is a Crown appeal from an acquittal following a refusal of an adjournment.

[2] The subpoena required the witness to remain in attendance unless and until directed otherwise by the court.

[3] In 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.

[4] The appeal is allowed, the acquittal set aside and a new trial ordered.