A.G. was accused of assaulting his wife, teenage son, and breaching both a recognizance and Protection Order. The allegations were made during an ongoing matrimonial and custody dispute between A.G. and his estranged wife.
It was alleged that A.G. assaulted his son by choking him during an argument to the point he was unable to breathe for a brief period of time. It was further alleged that A.G. caused injury to his son’s foot, chest and arm. Without his knowledge, A.G.’s daughter had secretly audio recorded the entire incident from another room and then disclosed the recording to police.
A.G. maintained his innocence and pled not guilty. Shortly before trial, Cory Wilson approached the Crown Prosecutor and outlined the significant contradictions between the complainant’s statement and the audio recording. Most importantly, the teenaged complainant, who alleged he could breathe or talk, was screaming obscenities at his father throughout. A.G., who was unaware he was being recorded, actually narrated what he was doing when he physically restrained his son who had just punched a window in what appeared to be an attempt at property damage.
As a result of the significant issues, the prosecutor agreed to withdraw the assault charge in relation to A.G.’s son.
With respect to the alleged assault against his wife, A.G. maintained his innocence and pled not guilty. The case came down to a credibility contest between A.G. and his wife as nobody else was present during the alleged assault. A.G. maintained he was assaulted by his wife who fell over as she was trying to steal a set of car keys to A.G.’s van. This van became the matter of another criminal matter as A.G.’s wife, prior to trial, forged documents getting her access to the van that was at an impound lot. Armed with this knowledge, Cory presented the criminal charges to the prosecutor who was unaware prior to trial that the complainant had been criminally charged. As a result, the Crown Prosecutor withdrew the charge.
As a result of the complainant’s credibility issues, Cory Wilson was able to convince the prosecutor to withdraw both charges as there was no likelihood of success.
A.G. was set to have three trials over the course of two weeks. Cory Wilson was able to have each charge withdrawn and A.G. did not face trial for any of the alleged offences.
Having charged from three separate trials was the best possible outcome.