OHTA.ca

Hi,

I have received disclosure from the crown. The copy of the officer's notes / narrative include some very substantive errors. EG: Have me travelling in the wrong direction.

I wish to cross-examine the officer's evidence based on the errors in the note's narrative. Do I need to enter my copy of the police narrative into evidence in order to refer to them in court ?

Thank you for you assistance.

The officer's notes are there to refresh the officers memory for when they give evidence to the court. If the officer says something in their testimony that you know to be untrue, make sure you ask them if they are absolutely sure about that, you can then introduce your own evidence that proves their version of events are unreliable. Make sure you have reliable evidence. Simply testifying, "I was going Eastbound, but the officer said I was going Westbound." without anything to back it up isn't going to be enough. He who is the most credible wins... or at least that is supposed to be how it works.

Thank you very much for your response.

The facts are, that I was traveling westbound and that he was most likely monitoring westbound traffic.

However in his notes he states that he was monitoring eastbound traffic and that I was travelling eastbound; two very incorrect facts.

Question is, how do I use the incorrect facts stated in his notes to my advantage..

Ask him to confirm the direction of travel. If the sun was rising or setting, you could ask him whether he was looking towards it or away from it. Ask what the most recent major cross street was and what the next one would be. Ask on which side a major landmark was.