The appellant appealed his conviction, arguing that late Crown disclosure prejudiced his right to make full answer and defence, and that the trial judge erred in admitting a prior inconsistent statement for its substantive use under a K.G.B. application.
The Supreme Court of Canada dismissed the appeal, finding no prejudice from the late disclosure.
The Court also held that a witness's failure of memory, which prevents complete cross-examination, is a factor going to the weight of the prior inconsistent statement rather than its admissibility.
