ONTARIO COURT OF JUSTICE
HER MAJESTY THE QUEEN
EXCERPT OF TRIAL PROCEEDINGS
BEFORE THE HONOURABLE JUSTICE XXXXXX
On November 18, 20XX
At Newmarket, Ontario
G. Sang Counsel for the Crown
T. Pain Counsel for Dan Goderidge
Ms Sang: Good afternoon again, Your Honour. Thank you very much for the indulgence.
The Court: Absolutely.
Ms Sang: During my friend’s cross-examination of Ms Goderidge this afternoon it became very clear to me that there were a number of inconsistencies with Ms Goderidge’s own evidence at the trial and also between Ms Goderidge’s evidence at trial and her statement to the police on May the 10th. I’ve had an opportunity to explain these difficulties to Ms Goderidge. I thank Your Honour for the indulgence. I am, at this point, going to ask Your Honour to dismiss the charges against Mr. Goderidge for lack of ability to prove the sexual assault in this case.
The Court: Thank you very much. Any comments, Mr. Pain?
Mr. Pain: I have no comments, Your Honour.
The Court: Well, in the best traditions of the Crown Attorney’s office, again, Ms Sang is possessed with extraordinary skill in being able to balance the tricky role of being a prosecutor on the one hand, but also being the Minister of Justice on the other and recognizing the reality of the evidence and the plight that this case was in, took her prosecutor’s hat off and put her Minister of Justice hat on and did the right thing. This is consistent with my view of the evidence and a reasonable, more than reasonable, action being taken by Ms Sang. I compliment you, yet again, for your highly professional approach to this and keen awareness of the state of the evidence. And, Mr. Pain, I thank you as well for your skillful cross-examination and representation on behalf of your client. Both of you have discharged your responsibilities in the best traditions of the bar. Thank you both.
Ms Sang: Thank you so much.
The Court: Could you stand up please, Mr. Goderidge? Mr. Goderidge, I agree with the submissions that have been made and, in the circumstances, I conclude on all of the evidence that is before me that this case could not be proven. The charge against you, therefore, is dismissed on the basis of you being found not guilty by me and you are free to go.
Dan Goderidge: Thank you.
The Court: Thank you both.
Mr. Pain: Thank you, Your Honour.
Ms Sang: Thank you.
The Court: Thank you very much.