Summary

Keywords

Criminal law — Evidence — Alternate suspect — Should the common law discretion to allow cross-examination in the interests of justice be relaxed in the context of the defence calling an alternate suspect?

Summary

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Mr. Schlatter was charged with sexually assaulting and strangling a woman. Crown counsel conceded that Mr. Gardener met the criteria of an alternate suspect. Mr. Gardener was called as a defence witness. Defence applied for leave to cross-examine him at large. The trial judge denied the application. Two subsequent applications for leave to cross-examine Mr. Gardener were granted in part and defence counsel was granted limited cross-examination on specific issues.

Lower Court Rulings