CITATION: R. v. Asante, 2017 ONSC 6646
COURT FILE NO.: CR-16-50000081-0000
DATE: 20171106
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
– and –
BENARD ASANTE AND FRANKLIN AFRIFA
Applicants
COUNSEL:
Patrick Travers and Sarah Leece, for the Crown
Paul Burstein and Karen Symes, for Benard Asante, Tyler MacDonald and Karen Lau Po Hung for Franklin Afrifa
HEARD: June 1, 2017
RULING ON THE ADMISSIBILITY OF A PHOTO OF THE DECEASED
B. P. O’MARRA J.
[1] The accused Asante and Afrifa were jointly charged with the first degree murder of Olatoyebi Waheed and the attempt murder of Taiwo Agiri. Both victims were shot as they sat in a car driven by Waheed. There was no dispute at trial that Waheed died as a result of several gunshot wounds.
[2] The Crown applied to tender a photo of the deceased in the car before he was removed by medical personnel. The photo shows him with his head and face covered. Counsel for the defence objected to the admissibility of the photo on the basis that it was inflammatory and of minimal probative value.
[3] This single photo was relevant but of little or no probative value. On June 1, 2017, I directed that Crown counsel would be permitted to ask leading questions as to the position of the deceased in the car and evidence from the post mortem examination. The number of gunshots inflicted on the deceased and their location were not in dispute. Counsel for both accused took no issue with the latitude the Crown would have on these non-contentious areas. That process permitted the Crown to bring to the jury’s attention all of the information they required. I also ruled that the issue of the photo could be revisited by the Crown if any issue arose that merited further consideration for the photo to be admitted. The trial proceeded and the Crown did not seek to do so.
B. P. O’Marra J.
Released: November 6, 2017
CITATION: R. v. Asante, 2017 ONSC 6646
COURT FILE NO.: CR-16-50000081-0000
DATE: 20171106
ONTARIO
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
Respondent
– and –
BENARD ASANTE AND FRANKLIN AFRIFA
Applicants
RULING ON THE ADMISSIBILITY OF A PHOTO OF THE DECEASED
B. P. O’Marra J
Released: November 6, 2017