SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
PAUL KENYON
P R O C E E D I N G S A T T R I A L
BEFORE THE HONOURABLE JUSTICE M. FUERST and a JURY
on March 31, 2014 in NEWMARKET, Ontario
APPEARANCES:
M. Sang for the Crown
S. Penman for the accused Paul Kenyon
SUPERIOR COURT OF JUSTICE
T A B L E O F C O N T E N T S
Exam. Cr. Re.
WITNESSES: in-Ch. exam. exam.
E X H I B I T S
EXHIBIT NUMBER ENTERED ON PAGE
Transcript Ordered: February 25, 2018
Date Submitted for Judicial Approval: February 27, 2018
Date Received after Judicial Approval: July 31, 2018
Transcript Completed: July 31, 2018
Ordering Party Notified: July 31, 2018
MONDAY MARCH 31, 2014
R U L I N G
FUERST, J. (Orally): (3:54 p.m.)
Ms. Penman put to the witness that, contrary to her testimony in-chief, that on the Wednesday before her death Ms. Deacon said she would not take Mr. Kenyon back, in her March 9th, 2010, statement to the police the witness asserted that Ms. Deacon said she would take Mr. Kenyon back and that she loved him.
Near the end of her cross-examination, Ms. Penman suggested to the witness that “what you’re trying to do now” is come up with a reason for what she thinks happened to Ms. Deacon. The question standing alone might seem to suggest recent fabrication on the part of the witness, in other words, that she fabricated her testimony in-chief for the purpose of this trial proceeding.
Taken in context of the cross-examination as a whole, however, it appears that Ms. Penman was suggesting that after giving her March 9th statement to the police, in the context of discussion with others about Ms. Deacon’s death, the witness at some unidentified point came to the account she gave in-chief today.
It is not at all clear that the testimony Crown counsel wishes to put to the witness from the first trial was given prior to that point in time. See, R. v. Ellard, 2009 SCC 27.
The Crown may not put the testimony from the first trial to the witness. As Ms. Penman suggests, the Crown may re-examine the witness on her testimony from January of this year.
E N D O F R U L I N G