I would keep note of this as this will assist with your stay argument over an adjournment.Al400 wrote: ↑Aug 29th, 2012 10:26 pmDjino,
- The accident was April 10. I requested a meeting with the persecutor.
- May 16 I e-mailed the filled "disclosure form" for York region. (I have the e-mail and a confirmation that they received the request)
- I did not hear back from them.
- Jun 7 I had my ERM and I rejected the offer the persecutor had. I complained I did not receive the disclosure. He said "I have it" and handed me the 1st package. It included the (ERM notice, the accident report, the notes of the officer that gave me the ticket). When I saw what was in the package I tried to submit another disclosure request immediately but they would not accept it. I was told at the window that I have to wait until I get the letter for the court date. She said that they are so behind on the requests that they will not get to it anyway.
Another item that can assist as it shows the prosecutor's office not being very cooperative.
And of course make note of this. This being the most important part of your argument showing that they are not giving you legible material to be able to prepare a defence. And since this was their answer, a adjournment will not change this outcome.Al400 wrote: ↑Aug 29th, 2012 10:26 pm- Aug 27 at the end of the day I received a call from the persecutor office saying that they have some of the information I requested. I told her that I requested the notes of both officers and it be typed. She said they are not typed. She also said one of the officers the notes are clear but the other one the hand writing is not clear. I said I need it typed. She said they give what they have.
Whether they have time to do something or not is not relevant. It is not your fault that the prosecutor is too busy to handle your case properly. They do have the option of dropping your charges if the work load they currently have is too much for them.Al400 wrote: ↑Aug 29th, 2012 10:26 pm- Aug 28 I went there and was given two packages. The first is another copy of the first disclosure and the other is the second disclosure. I said I wanted to check it because I was told it is not complete. She checked back with someone and she told me "this is what we have for you deal with it with the persecutor and the Justice on trial date" I said I intend to proceed with the motion for a stay. She said "deal with it with the persecutor on trial day". I heard the persecutor asking the clerk what was missing and she said "He wants us to type the notes and we have no time to do that. His trial is next week". I'm not sure why wouldn't they have time. How long does it take to type the notes???
Great. Bring all of this with you on Wednesday.
If this witness is present at court, you will need to mention that you requested witness will say statements as part of your disclosure request which is another item you did not receive. If the witness is not there in court, then there is no need to mention this.Al400 wrote: ↑Aug 29th, 2012 10:26 pmI asked for the "witness will say statement" and this was not provided. Can they still use the witness? The notes from the officers did not quote anything from the witness other than how the accident happened. What could they possibly ask her? After the accident she was led by her husband to start complaining more and I heard her husband saying to the officers "I hope someone gets charged for this". I intend to try and make sure that her husband is not around when she gives witness.
If you proceed to trial and during the officer's testimony, the officer quotes any statements made by the other driver(s) (statements that you did not receive through disclosure), you will need to object. Specifically say "objection, hearsay" or "what is the relevancy?". Whatever the prosecutor responds with, you will follow up with that you requested witness statements through disclosure which was not given. If the justice didn't agree with your stay motion, this objection will force his hand. You argued you didn't get disclosure and now the officer testifying to statements made by witnesses, statements which you requested through disclosure that you have never seen. How can you prepare a defence against something they won't show you?
There is nothing you can do about this for the moment unless you proceed to trial. You would have to provide testimony stating what you actually told the officer and then make the argument that the officer is unreliable having confused the two statements.
Arrive at the court at least 30 minutes before your trial is to begin and just wait outside with everyone in your court session. Keep an eye out for the police officer and any the other driver. At some point the prosecutor will arrive and enter the court room in which everyone will be allowed to enter to discuss any plea deals/options with the prosecutor before the court session begins. Feel free to talk with the prosecutor. Tell him/her that you are still proceeding with your stay request due to improper disclosure. The prosecutor will either say that they will drop the charges or they will present a plea deal which you would reject. If no agreement is made, then they will ask you to sit down as he/she continues to speak with others before the court session begins.
When the Justice enters the court room, the court session has officially begun. When your name is called, the prosecutor will say that they are withdrawing the charges, or he/she will say nothing and the court clerk will ask you how you wish to plea.
You say..."Before entering a plea Your Worship, I would like to motion to stay my trial as my rights to disclosure under section 7 of the Charter have been violated". Expect the Justice to question the prosecutor on why you have not received disclosure. The Prosecutor will most likely say that they gave you disclosure. You will then need to present your request and state what is missing along with WHY it is important.
- Prepare notes for yourself that will contain the missing items you didn't receive
- Under each item, explain why this is important (I discuss them in my responses above). But feel free to ask me any questions about that if you need help there.
There is a good chance that after you have stated why you need the missing items that the Justice will be inclined to grant an adjournment. You will need to present reasons for why an Adjournment is unreasonable
- State your communications with the prosecutor's office since your first meeting with them
- Make clear arguments stating how he/she has mishandled your case and how postponing trial will not make things right.
If you need assistance with any of the above, reply. If at trial after going through all that and the Justice still insist that an Adjournment is the right decision. Make note of the Justice's explanation for this. It is important that any ruling made comes with a proper explanation as to why the ruling is made. And if an adjournment happens, let it be. We can then discuss options for what you should do at your next trial date.