R. v. Adam et al

R. v. Adam et al

On the balance of probabilities the Crown established that Special Agent Del Re was absent from Canada and that his preliminary hearing testimony was taken in the presence of the accused who had a full opportunity to cross-examine (further cross-examination occurred on the KGB voir dire); there is no evidence of tampering with exhibits and continuity concerns do not raise a reasonable doubt. Therefore Del Re's preliminary hearing evidence is admissible at trial under s.715(1).

Citation
2006 BCSC 1430
Parties
Crown: Regina; Accused: Wade Alex Adam; Accused: Sean William Doak; Accused: Robert Vaughn Hamm; Accused: Bryon John Newberry; Accused: Shane Jason Schindler; Accused: Thomas William Westle; Accused: Trevor Lee Ernest Zacharuk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 September 2006
Procedural Posture
Criminal Conspiracy / Trial S.715 Application to Admit Prior Testimony From Preliminary Hearing
Outcome
Application granted. Testimony of Special Agent Del Re from the preliminary hearing admitted into evidence under s.715(1) of the Criminal Code.
Legal Topics
S.715 Criminal Code, Admissibility of Prior Testimony, Preliminary Hearing Testimony, Continuity of Exhibits, Voice Privacy and Identification, Opportunity to Cross Examine
Source Language
English
Criminal Law Evidence Charter Law S.715 Criminal Code Admissibility of Prior Testimony Preliminary Hearing Testimony Continuity of Exhibits Voice Privacy and Identification +1 more

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Parties

Regina

Crown

Wade Alex Adam

Accused

Sean William Doak

Accused

Robert Vaughn Hamm

Accused

Bryon John Newberry

Accused

Shane Jason Schindler

Accused

Thomas William Westle

Accused

Trevor Lee Ernest Zacharuk

Accused

Procedural Posture

Criminal Conspiracy / Trial S.715 Application to Admit Prior Testimony From Preliminary Hearing

Legal Issues

  1. 1 Whether testimony of Special Agent Del Re given at the preliminary hearing is admissible at trial under s.715(1) of the Criminal Code
  2. 2 Whether any of the accused were deprived of a full opportunity to cross-examine Agent Del Re
  3. 3 Whether Agent Del Re is absent from Canada such that s.715 applies

Ratio Decidendi

On the balance of probabilities the Crown established that Special Agent Del Re was absent from Canada and that his preliminary hearing testimony was taken in the presence of the accused who had a full opportunity to cross-examine (further cross-examination occurred on the KGB voir dire); there is no evidence of tampering with exhibits and continuity concerns do not raise a reasonable doubt. Therefore Del Re's preliminary hearing evidence is admissible at trial under s.715(1).

Court Disposition

Application granted. Testimony of Special Agent Del Re from the preliminary hearing admitted into evidence under s.715(1) of the Criminal Code.

Orders

  • Admit recording of Special Agent Del Re's preliminary hearing testimony into evidence at trial
  • File and mark the transcript of the preliminary hearing as an exhibit in these proceedings