REGINA V C.C. [COURT OF QUEEN’S BENCH, EDMONTON]
Calgary Defence lawyer Curtis Mennie, along with colleague Shamsher Kothari, represented C who was charged with many offences, including the most serious offence in Canada, 1st degree murder contrary to section 235 of the Criminal Code. The Trial began with a Jury and Judge, as the witnesses testified it became clear that certain material witnesses were part of a Witness Protection program, a fact that was not previously disclosed to Defence counsel. As Defence counsel south additional materials it became apparent that a confidential informant was used in the investigation and that the Defence had not been disclosed this information. Following a hearing as to if the only exception to informant privilege applies (innocence at stake), the confidential informant materials were ordered to be handed over to Defence. The Crown decided it would call no further evidence and invited the Court to acquit, ultimately the charges were judicially Stayed.