The recent ruling of an Ontario Court of Appeal that granted a new trial for a convicted sex offender shows that any citizen of Ontario has a right to a fair trial. The appeals court ruled that irregularities took place during the original trial in 2015. The man was sentenced to spend five years behind bars for sex crimes involving two children.
The man appealed his conviction, and he was released several days later to await the outcome of the appeal. Under Ontario laws, individuals who appeal their convictions are free from continued detention. The judge of the appeals court determined that the earlier guilty verdict followed several legal errors. The panel of judges ruled the trial judge erred and, if the Crown plans to call the children to testify at the new trial, a jury will preside.
Reportedly, the primary error was the fact that the judge did not hear the testimony of the children -- whose ages were 3 and 5 years at the time of the alleged crime -- without an expert opinion. The judge accepted the evidence that the Crown presented -- although that was based on statements made by the children to their parents. Police detectives apparently conducted videotaped interviews and presented that as evidence.
This Ontario man successfully appealed his conviction with the support and guidance of a skilled lawyer who is experienced in defending clients against sex charges. Any other individuals who believe that they are falsely charged or convicted of sex crimes have the same rights to retain skilled legal counsel. A seasoned lawyer can launch independent investigations to obtain additional evidence and base a defense strategy to get the best possible outcome. Even if a conviction takes place, a skilled lawyer can provide further support with the appeals process and more.
Source: ottawacitizen.com, "Former Ottawa daycare provider convicted of sex crimes gets new trial", Joe Lofaro, Dec. 22, 2016
No Comments
Leave a comment