R. v. Sipes

R. v. Sipes

The application to cross-examine about the polygraph was dismissed because the polygraph evidence was of little or no probative value to the defence purpose and was speculative, could be replaced by questioning from prior statements to refresh memory, and posed significant prejudice to the trial process and unfair...

Source-derived case information.

Citation
2012 BCSC 134
Parties
Crown: Regina; Accused: Dale Gordon Sipes; Accused: Leslie Podolski; Accused: Sheldon Richard O'Donnell; Accused: Peter Manolakos; Accused: Douglas Corey Brownell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 January 2012
Procedural Posture
Criminal Trial / Trial Interlocutory Application Re Admissibility of Polygraph Evidence / Cross Examination
Outcome
Application to cross-examine witness about polygraph dismissed
Legal Topics
Polygraph Admissibility, Cross Examination, Notice of Application, Probative Vs Prejudicial, Trial Management, Refreshing Memory
Source Language
english
Criminal Law Evidence Trial Procedure Police Investigations Polygraph Admissibility Cross Examination Notice of Application Probative Vs Prejudicial +2 more

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Parties

Regina

Crown

Dale Gordon Sipes

Accused

Leslie Podolski

Accused

Sheldon Richard O'Donnell

Accused

Peter Manolakos

Accused

Douglas Corey Brownell

Accused

Procedural Posture

Criminal Trial / Trial Interlocutory Application Re Admissibility of Polygraph Evidence / Cross Examination

Legal Issues

  1. 1 Whether polygraph evidence may be raised on cross-examination of a witness
  2. 2 Whether defence was required to give timely notice of the intended application
  3. 3 Whether the probative value of polygraph evidence outweighs its prejudicial effect and impact on the trial process

Ratio Decidendi

The application to cross-examine about the polygraph was dismissed because the polygraph evidence was of little or no probative value to the defence purpose and was speculative, could be replaced by questioning from prior statements to refresh memory, and posed significant prejudice to the trial process and unfair delay; moreover the application was untimely and counsel failed to provide required notice so reconsideration requires a demonstrated change in circumstances.

Court Disposition

Application to cross-examine witness about polygraph dismissed

Orders

  • Polygraph evidence ruled inadmissible for the proposed cross-examination
  • Counsel must provide timely notice of any application concerning admissibility of evidence that may affect trial scheduling or jury time