R. v. Christhurajah

R. v. Christhurajah

The audio‑video transmission and DVD recording exhibited pervasive technical defects (delay/echo, audio/video desynchronization, freezes and frequent audio cut‑outs) that undermined the witness's 'virtual presence' and the ability of counsel and jury to hear and assess testimony; reception of that recorded testimony would be contrary to the principles of fundamental justice and therefore the evidence was inadmissible.

Citation
2016 BCSC 2399
Parties
Crown: Regina; Accused: Kunarobinson Christhurajah; Accused: Lesly Jana Emmanuel; Accused: Nadarajah Mahendran; Accused: Thampeernayagam Rajaratnam
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 October 2016
Procedural Posture
Criminal Charges Under Immigration and Refugee Protection Act S.117 / Pre Trial Voir Dire on Admissibility of Out of Country Testimony Prior to Jury Trial
Outcome
Officer Jedsada Chomcherngpat's testimony recorded via audio‑video link from Thailand excluded; recorded DVD evidence inadmissible before the jury.
Legal Topics
Videoconferencing Testimony, S.714.2 Criminal Code, Admissibility of Evidence, Principles of Fundamental Justice
Source Language
English
Criminal Law Evidence Immigration Law Constitutional Law Videoconferencing Testimony S.714.2 Criminal Code Admissibility of Evidence Principles of Fundamental Justice

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Parties

Regina

Crown

Kunarobinson Christhurajah

Accused

Lesly Jana Emmanuel

Accused

Nadarajah Mahendran

Accused

Thampeernayagam Rajaratnam

Accused

Procedural Posture

Criminal Charges Under Immigration and Refugee Protection Act S.117 / Pre Trial Voir Dire on Admissibility of Out of Country Testimony Prior to Jury Trial

Legal Issues

  1. 1 Whether testimony by audio‑video link from Thailand met the s.714.2(1) requirement of 'virtual presence'
  2. 2 Whether technical defects in the audio‑video link rendered reception of the evidence contrary to the principles of fundamental justice
  3. 3 Whether the recorded DVD testimony was of sufficient quality to be played to the jury

Ratio Decidendi

The audio‑video transmission and DVD recording exhibited pervasive technical defects (delay/echo, audio/video desynchronization, freezes and frequent audio cut‑outs) that undermined the witness's 'virtual presence' and the ability of counsel and jury to hear and assess testimony; reception of that recorded testimony would be contrary to the principles of fundamental justice and therefore the evidence was inadmissible.

Court Disposition

Officer Jedsada Chomcherngpat's testimony recorded via audio‑video link from Thailand excluded; recorded DVD evidence inadmissible before the jury.

Orders

  • Exclude from evidence the DVD recordings of Officer Chomcherngpat's testimony recorded via audio‑video link
  • Do not play the voir dire recordings of Officer Chomcherngpat to the jury