Unsworn statement by adverse witness admitted in murder case

Ontario Court of Justice

Respondent

Her Majesty the Queen

and

[REDACTED]

Applicant

Counsel: [REDACTED] and [REDACTED], for Crown

[REDACTED] and [REDACTED], for Accused

Released: [REDACTED]

[REDACTED]

Ruling

Adverse witness gave unsworn statement to police about a murder. Adverse witness then refused to testify in court as a result of fears for his safety. The Crown applied to admit the unsworn statement. Application was allowed: the adverse witness was a friend of the accused, had no motive to lie, had special knowledge, not prompted by police to make a statement, statement given within two months of the murder, and there was no evidence that the adverse witness collaborated with anyone. Court found that the statement was consistent with other evidence already before the jury.