R. v. Alkhalil

R. v. Alkhalil

Detective Crapigna's recognition evidence was admissible for Rabih Alkhalil because the officer had sufficient prior acquaintance and was in a better position than the jury to identify POI #2; credibility and inconsistencies go to weight. The evidence was inadmissible for Alyas Rahimi because there was no prior...

Source-derived case information.

Citation
2021 BCSC 1908
Parties
Crown: Regina; Accused: Rabih Alkhalil (a.k.a. Robby Alkhalil); Accused: Dean Michael Wiwchar; Accused: Larry Ronald Amero
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 September 2021
Procedural Posture
Criminal / Pre Trial Voir Dire Ruling on Recognition Evidence and Lost Evidence/charter S.7 Application
Outcome
Crown's application granted in part: recognition evidence of Det. Crapigna admitted for Rabih Alkhalil and excluded for Alyas Rahimi; s.7/lost-evidence challenge dismissed.
Legal Topics
Recognition Evidence, Identification Evidence, Lost Evidence, Disclosure, Section 7 Charter, Section 24(1) Remedy
Source Language
english
Criminal Law Evidence Constitutional Law (charter) Recognition Evidence Identification Evidence Lost Evidence Disclosure Section 7 Charter +1 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Rabih Alkhalil (a.k.a. Robby Alkhalil)

Accused

Dean Michael Wiwchar

Accused

Larry Ronald Amero

Accused

Procedural Posture

Criminal / Pre Trial Voir Dire Ruling on Recognition Evidence and Lost Evidence/charter S.7 Application

Legal Issues

  1. 1 Whether Det. Crapigna's recognition evidence meets threshold admissibility and is ultimately reliable for identification of POI #2 (Rabih Alkhalil) and POI #3 (Alyas Rahimi)
  2. 2 Whether Crown counsel's failure to verbatim record or have witness review trial-prep notes amounted to loss of evidence and breach of s.7 of the Charter warranting exclusion under s.24(1)

Ratio Decidendi

Detective Crapigna's recognition evidence was admissible for Rabih Alkhalil because the officer had sufficient prior acquaintance and was in a better position than the jury to identify POI #2; credibility and inconsistencies go to weight. The evidence was inadmissible for Alyas Rahimi because there was no prior in-person acquaintance and the officer was no better placed than the jury. There was no s.7 breach from Crown counsel's non-verbatim trial-preparation notes as no evidence was 'lost' within the meaning of the authorities and disclosure of summarized notes was adequate.

Court Disposition

Crown's application granted in part: recognition evidence of Det. Crapigna admitted for Rabih Alkhalil and excluded for Alyas Rahimi; s.7/lost-evidence challenge dismissed.

Orders

  • Admit Det. Crapigna's recognition evidence identifying POI #2 as Rabih Alkhalil for the jury's consideration
  • Exclude Det. Crapigna's recognition evidence identifying POI #3 as Alyas Rahimi (inadmissible)