Kyle's Case — Perjury — Withdrawn

Between
Her Majesty the Queen, and Kyle M.

Ontario Court of Justice
Milton, Ontario
P. Bonas J.P.

Charge Withdrawn: 14 November 2002
(19 paras.)

Charges:	Perjury, Criminal Code, s. 131(1)
Counsel:	Richard Garwood-Jones, Assistant Crown Attorney, Milton Laurie Jago, Assistant Crown Attorney, Milton Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1 COURTROOM CLERK: — Number 51, Kyle M.

¶ 2 MR. PENNEY: Good morning, Your Worship, Penney, initial C., P-E-N-N-E-Y. I've filed with the Court on an earlier occasion, Your Worship, a Designation under 650.01 allowing me to appear on his behalf.

¶ 3 THE COURT: Yes.

¶ 4 MR. PENNEY: And I can advise my friend that I filed extensive materials with the Crown's office approximately two weeks ago when I spoke to Mr. O'Marra. A Crown is supposed to be assigned to this matter. I don't know if my friend has any information or a brief.

¶ 5 MR. GARWOOD-JONES: Ms Jago has it. Ms Jago has it in the resolution office outside.

¶ 6 MR. PENNEY: Okay, so I should go see her now before ...

¶ 7 MR. GARWOOD-JONES: Yes.

¶ 8 THE COURT: Yes, and then we can recall it later on, Mr. Penney.

¶ 9 MR. PENNEY: Okay, that's fine. Thank you.

-- INTERRUPTION RE UNRELATED MATTER — -

¶ 10 MS JAGO: If I can intervene, Your Worship, and deal with one matter as resolution Crown, number 51 on the docket, Kyle M.

¶ 11 MR. PENNEY: Yes, good morning again, Your Worship.

¶ 12 THE COURT: Mr. Penney, yes.

¶ 13 MR. PENNEY: Counsel Penney, initial C., appearing as counsel pursuant to a 650.01 Designation.

¶ 14 THE COURT: Yes.

¶ 15 MS JAGO: I can advise the Court that the Crown has reviewed this matter with respect to a reasonable prospect of conviction and has also reviewed additional materials provided by Mr. Penney on behalf of the accused. The charge before the Court is perjury which is one of the few sections in the Criminal Code that requires independent corroboration. The corroboration that has been provided in this case in the Crown's respectful position is not sufficient to prove this case beyond a reasonable doubt. There is no reasonable prospect of conviction. The charge should be marked withdrawn.

¶ 16 THE COURT: Okay.

¶ 17 MR. PENNEY: Thank you, Your Worship. I thank my friend.

¶ 18 THE COURT: For the reasons indicated by Crown counsel on the record, the matter is marked withdrawn.

¶ 19 MR. PENNEY: Thank you. I thank my friend.

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