Detailed and thorough cross-examination of
the complainant by defence lawyer Joseph Neuberger focused on instances of past aggressive behaviour by the complainant including previously biting the client and implausible and exaggerated aspects of her evidence.
Not exact matches
An Ontario university student is seeking leave to appeal a decision that his civil
lawyer breached a deemed undertaking rule
by forwarding confidential medical records of a female
complainant to the
defence lawyer representing the young man on sexual assault charges.
After a 4 day trial and extensive cross-examination of the
Complainants by lawyer Stacey Nichols, as well as presentation of
Defence evidence of other family members which refuted the
Complainant's allegations, client was acquitted of all charges in the Ontario Court of Justice.
The
complainant refused to allow the son to see D.P.
Defence lawyer Joseph Neuberger was hired and obtained all of the family court documents and used the filed affidavits
by the
complainant to establish material inconsistencies between her statement to police and the family court filings.
Defence lawyer Joseph Neuberger, after careful analysis of the evidence, and during lengthy negotiations with the Crown's office, was able to establish that the facts as disclosed
by the
complainant, did not necessarily demonstrate an intention to commit a sexual assault but rather were misconstrued
by the
complainant as to the client's intended actions.
In addition
Defence lawyer Joseph Neuberger assailed photographs taken of the
complainant several hours after the meeting with D.M. which were tendered
by the Crown to establish that given the
complainant's youthful appearance, D.M. failed to take all reasonable steps to ascertain the true age of the
complainant pursuant to section 150.1 (4) of the Criminal Code of Canada.
Defence lawyer Joseph Neuberger arranged for calls from the ex-wife (
complainant) to be recorded
by the client in order to obtain evidence of her true motivations.
Defence lawyer Joseph Neuberger went through the voluminous information provided
by police in a very detailed fashion including the witnesses statements and the statements of the two young ladies who were the «
complainants».
Defence lawyer John Navarrete held various discussions with the Crown Attorney's office at 1000 Finch and provided information for their consideration including a possible motive to lie
by the
complainant stemming from her personal mental health issues.
In the
complainant's statement, it was alleged that B.L.C. made numerous affectionate moves on the
complainant, while in the casino, that were flatly rejected
by the
complainant, including the
complainant intentionally standing away from B.L.C.
Defence lawyer Joseph Neuberger obtained the surveillance footage from the Casino.
The
defence lawyer Joseph Neuberger, assisted
by his senior paralegal Grace Condello, charted out the evidence, inconsistencies and the evidence supportive of M.L. M.L. had not seen his son in 9 months since being charged because the
complainant had not complied with the family court order.
Defence lawyer Joseph Neuberger extensively reviewed and analyzed the disclosure during the comprehensive defence investigation which included obtaining source documents from various sources, including the family law proceedings, to undermine crucial facts attested to by the compl
Defence lawyer Joseph Neuberger extensively reviewed and analyzed the disclosure during the comprehensive
defence investigation which included obtaining source documents from various sources, including the family law proceedings, to undermine crucial facts attested to by the compl
defence investigation which included obtaining source documents from various sources, including the family law proceedings, to undermine crucial facts attested to
by the
complainant.
Defence lawyer Joseph Neuberger aggressively pursued defence investigation on fabrication by the compl
Defence lawyer Joseph Neuberger aggressively pursued
defence investigation on fabrication by the compl
defence investigation on fabrication
by the
complainant.
After extensive review of the prosecution evidence including surveillance recordings from the locations where the acts were alleged to have occurred (TTC stations)
by defence lawyer Joseph Neuberger, and detailed cross-examination of the
complainant giving rise to serious inconsistencies between the evidence and the surveillance recordings, the Crown agreed with the
defence that there was no reasonable prospect of conviction.
The
defence lawyer Joseph Neuberger disclosed email communications and then requested a re-interview of the
complainants by a different police officer.
Defence lawyer Joseph Neuberger transcribed all witness statements and created a detailed chart of all inconsistencies, as well as having drafted detailed disclosure requests seeking various critical pieces of information that were alleged to have been provided
by the
complainant.
In addition,
Defence lawyer Joseph Neuberger obtained occurrence reports of prior calls to police that established a pattern of aggressive conduct
by the
complainant — her husband.
Defence lawyer Joseph Neuberger was able to establish that her version of events was unrealistic in relation to some admissions made
by the
complainant and the text messages.
Defence lawyer Joseph Neuberger established material inconsistencies between various statements made
by the
complainant that undermined the
complainant's credibility.
Further, expert psychiatric evidence obtained
by Defence lawyer Joseph Neuberger demonstrated that the
complainant was acting in a highly provocative manner prior to and during her recording of the private discussion in an attempt to provoke a confrontation for the purposes of her laying charges.
Defence lawyer Joseph Neuberger obtained copies of bank records and text messages supporting the defence theory that the allegations were motivated by the complainant's desire to empty the bank accounts and obtain more money from
Defence lawyer Joseph Neuberger obtained copies of bank records and text messages supporting the
defence theory that the allegations were motivated by the complainant's desire to empty the bank accounts and obtain more money from
defence theory that the allegations were motivated
by the
complainant's desire to empty the bank accounts and obtain more money from C.J.B..
Complainant alleged that she was assaulted and had her phone thrown away
by P.F. Criminal
defence lawyer Christopher Assie was retained.
Under cross-examination
by Defence lawyer Joseph Neuberger, the expert agreed that the pattern of drinking of the
complainant is indicative of a «heavy» drinker and she would not doubt have a higher degree of tolerance.
Just prior to trial,
defence lawyer Joseph Neuberger discovered that the other male party was charged with criminal harassment
by the same
complainant.
Further, the
defence investigation, including the use of a private investigator hired
by defence lawyer Joseph Neuberger, produced photographs of the alleged crime scene and surrounding area, which assisted in undermining the evidence of the
complainant.
Defence lawyer Joseph Neuberger had extensive discussions with the crown and was able to establish that the separation agreement stipulated that she still had rights to be at the matrimonial home and the ex-husband
by physically removing the
complainant committed an assault to which the client was legally permitted to defend herself.
After a thorough cross examination
by defence lawyer John Navarrete of the
complainant at the jury at trial, the client was acquitted of all charges.
At trial,
defence lawyer Joseph Neuberger extensively cross-examined the
complainant on her evidence and on contradictory evidence obtained
by Neuberger during the
defence investigation.