The accused, charged with second-degree murder, brought a motion for a mistrial following the Crown's opening address.
The defence argued the Crown's remarks were inflammatory, included personal opinions, and improperly commented on the anticipated defence strategy, thereby undermining the accused's right to silence and reversing the burden of proof.
The court agreed, finding the Crown's characterization of the accused as an 'animal' and its pre-emptive arguments irreparably damaged the fairness of the trial.
The motion was granted and a mistrial was ordered.
