Calgary Herald, August 24, 2015
A veteran provincial court judge has dismissed an application for a mistrial by a man who alleged the judge had fallen asleep during key testimony at his assault trial three months ago.
In tossing the mistrial application brought by lawyer Shelley Moore the judge said that the issue should have been brought to his attention at the time of the trial. He also said he was alert at all times during the proceedings and that is borne out in his written decision.
In convicting the defendant of unlawful confinement, choking with intent, uttering death threats and aggravated assault the judge stated: “I want to make it clear I do not attribute any ulterior motives by Ms. Moore at her client’s request for a mistrial.”
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A veteran provincial court judge has dismissed an application for a mistrial by a man who alleged the judge had fallen asleep during key testimony at his assault trial three months ago.
In tossing the mistrial application brought by lawyer Shelley Moore the judge said that the issue should have been brought to his attention at the time of the trial. He also said he was alert at all times during the proceedings and that is borne out in his written decision.
In convicting the defendant of unlawful confinement, choking with intent, uttering death threats and aggravated assault the judge stated: “I want to make it clear I do not attribute any ulterior motives by Ms. Moore at her client’s request for a mistrial.”
Read More...