The Crown brought an ex parte application for an order permitting the police to interview two lawyers regarding disclosures made to them by a now-deceased complainant about historical sexual assaults allegedly committed by the accused.
The lawyers had declined to speak to police without a court order, citing solicitor-client privilege.
The court granted the application, finding that the complainant's father, as Estate Trustee, had validly waived the privilege.
In the alternative, the court held that the privilege should be waived in the interests of justice, as the deceased no longer had an interest to protect and waiving the privilege would further the administration of justice.
