R. v. Kotio

R. v. Kotio

The application was granted because the court accepted the investigating officer’s evidence that the complainant feared seeing the accused and that a screen would make her calmer and facilitate a full and candid account; considering the s.486.2(3) factors, including the nature of the alleged anal sexual assault and...

Source-derived case information.

Citation
2019 NSSC 412
Parties
Crown: Her Majesty the Queen; Accused: Eastman Tamba Kotio
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 January 2019
Procedural Posture
Criminal Sexual Assault / Section 486.2(2) Application (pre‑trial Witness Testimony Order)
Outcome
Application allowed.
Legal Topics
Witness Protection Orders, Testimony Behind Screen, Section 486.2 Criminal Code, Victim Participation in Justice System
Source Language
english
Criminal Law Evidence Sexual Offences Victim Protection Witness Protection Orders Testimony Behind Screen Section 486.2 Criminal Code Victim Participation in Justice System

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Eastman Tamba Kotio

Accused

Procedural Posture

Criminal Sexual Assault / Section 486.2(2) Application (pre‑trial Witness Testimony Order)

Legal Issues

  1. 1 Whether to order the complainant to testify outside the courtroom or behind a screen under s.486.2(2) of the Criminal Code
  2. 2 Whether the factors in s.486.2(3) support making such an order
  3. 3 Which party bears the onus and standard of proof for the application

Ratio Decidendi

The application was granted because the court accepted the investigating officer’s evidence that the complainant feared seeing the accused and that a screen would make her calmer and facilitate a full and candid account; considering the s.486.2(3) factors, including the nature of the alleged anal sexual assault and the public interest in encouraging reporting, the judge concluded the order was in the interest of the proper administration of justice.

Court Disposition

Application allowed.

Orders

  • Order pursuant to Criminal Code s.486.2(2) that the complainant H.D.G. testify behind a screen or other device so she will not see the accused.
  • Restriction on publication pursuant to Criminal Code s.486 (as noted in the file).