Crown pushes to cross-examine NHLer over alleged inconsistencies at trial of ex-world junior players
The Crown is seeking to challenge the allegations of inconsistencies in Howden’s testimony, as the defence teams continue to push back. Sarah Leamon, a criminal defence lawyer based in British Columbia, provided insight into what the Crown is aiming to achieve.
Leamon explained that the Crown is seeking to cross-examine their own witness regarding a prior statement made outside of court. This tactic is used to question the credibility of the witness and address any discrepancies in their testimony. In a recent court session, Cunningham requested Howden to read past statements, indicating a shift in the prosecution’s strategy.
According to Leamon, the prosecutor cannot lead the witness or introduce evidence that has not been presented by the witness themselves. Therefore, the Crown must seek permission from the court to cross-examine their own witness under Section 9(2) of the Canada Evidence Act. This approach may be unconventional, but it is not unprecedented in legal proceedings.
Ultimately, the decision to allow the Crown to proceed with cross-examining their own witness lies with the court. It will be interesting to see how this unique tactic unfolds and whether it will impact the outcome of the case. Stay tuned for updates on this developing legal battle.
