Ontario Criminal


Appeal

FRESH EVIDENCE
No credible explanation for reason for witness’ recantation two years after the fact

Accused convicted of robbery. Crown’s case resting on evidence of two unsavoury witnesses identifying accused. Two years after trial, Crown witness providing sworn affidavit recanting his trial testimony implicating accused. Application to adduce recantation as fresh evidence dismissed and appeal dismissed. While admissibility and due diligence criteria met, recantation was incredible and unworthy of belief. No credible explanation for reason for witness’ recantation two years after the fact. Affidavit contained false statements and witness’ attitude to veracity of its contents ambivalent. Recantation could not reasonably be expected to affect assessment of witness’ trial testimony implicating accused in robbery.

R. v. Snyder

(June 10, 2011, Ont. C.A., Doherty, Feldman and Epstein JJ.A., File No. C48284) 96 W.C.B. (2d) 121 (28 pp.).

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