CITATION: R. v. Ibrahem, 2016 ONSC 6684
COURT FILE NO.: 13735/14
DATE: 2016-10-28
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
– and –
FERAIDON IBRAHEM
Defendant
B. Green & N. Trbojecic, for the Crown
D. Davoudi & S. Caramanna , for the Defendant
HEARD: October 26, 2016
Justice B.A. Glass
Supplementary Reasons to Ruling on Defence Motion to Read in Defendant’s Statement
[1] On October 21, 2016, the Defence advanced a motion requesting that the statement of the Defendant be read into the record as part of the Crown’s case.
[2] I dismissed that motion because I found that there was not a foundation for doing so; however, I made references to the timing of the Defence giving notice to the Crown about the request. Both legal teams have confirmed that prior to the closing of the Crown’s case, the Defence verbally advised Crown counsel that there would be a motion to read in the statement based on a re-examination question from Ms. Green. I had been under the impression that the first the Crown became aware of the motion was after closing the case for the Crown.
[3] My observations in paragraphs 6, 9, and 10 noted that the Defence had waited and ambushed the Crown with the motion. That observation is in error as I have been advised today after releasing the reasons.
[4] In any event, the decision noted that the question in re-examination by Ms. Green did not amount to inferring that the Defendant had provided a statement to the police investigating the death of Nasira Fazli.
[5] The decision shall remain in place with the enlargement here to recognize that the motion was not brought as a surprise or ambush to the Crown.
Justce B.A. Glass
Released: October 28, 2016
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ONTARIO
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
– and –
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REASONS FOR JUDGMENT
Judge
Released: [Click and Type Date]