Regina v. J.W.R. [Provincial Court – April 2010]

JWR was a middle aged married man with two young children. His wife, suspicious of infidelity, filed for divorce and accused him of sexual assault. JWR was charged with sexually assaulting his wife, removed from the matrimonial home and ordered to have no contact with his wife or their two children. JWR, appalled at the allegations and separation from his children, retained Patrick Fagan who entered pleas of not guilty to both charges.

A trial was held during which JWR’s wife was called as the primary witness for the prosecution.

Bottom Line: During the course of Patrick Fagan’s cross-examination of the complainant it became abundantly obvious that there was much more than a reasonable doubt vis a vis case for the prosecution. Verdicts of not guilty were entered on all charges.