In criminal proceedings, rules must be followed on both sides of the bench. Failure to comply with Ontario law in court proceedings can result in a mistrial. This was the case with a recent trial involving drug charges in Ottawa. After a judge privately questioned an investigating officer in his chambers, a mistrial was declared.
An accused person has a right to be at his or her own trial. When the judge questioned an officer privately, he was taking testimony without the presence of the accused in the case. This violation was taken seriously, and a mistrial was called in the Ottawa case.
The accused was arrested in 2014 for drug charges after police say they found marijuana, heroin and cash at his residence. His trial ended in Feb. 2017. The decision was originally set for May, but the actions of the judge forced a mistrial. The meeting in the chambers included testimony from the officer as well as the presentation of drug exhibits from the investigation.
The judge in this case stated that he did not expect the drug exhibits to be presented in chambers. While the reception desk informed the judge that the officer had arrived with drug exhibits before he was admitted into the chambers, he maintains that he did not know. He also claims that his conversation with the officer was not about the charges in this trial. The accused was granted a mistrial after the meeting came to light.
It is important for those accused of drug charges or other criminal offences to know what their rights are according to Ontario law. An informed defence attorney will fight for a client's rights in court and seek to ensure a fair trial. Finding the right lawyer who understands these laws is invaluable in cases of this nature.
Source: Ottawa Citizen, "Judge declares mistrial in drug case after questioning cop in office", Shaamini Yogaretnam, July 21, 2017
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