Several Requested Disclosure Items Squashed By Prosecutor. Can I Do Anything?
I have recently been in and out of court for a speeding ticket, adjourned the first time because the court ran out of time, second time the prosecutor failed to provide me with all the requested disclosure information, and just recently, the prosecution gave me 1 of the four items I requested and had me and the JP convinced she didn't have to provide the others. The JP threw the decision my way as to what to do for the items that were addressed by the prosecution but at this point I was royally confused (my fault). We adjourned until August so I am wondering if I have any recourse or if I'm royally screwed for the next court visit.
Items requested (officers notes were received already):
1) McNeil report for the officer (and only witness)
2) Access to view the LIDAR manual
3) Audio and Video
4) Training and contact information for the witness (the officer)
I'll summarize what happened for each of the items.
1) The prosecution told the JP the McNeil report was to be provided by the officer who told the JP that he is unable to request it in the system they use. JP looked at me and asked me how i wanted to proceed knowing they cannot provide it. I sadly took this at face value and said "okay if they cant provide it then there is nothing else I can do."
2) This was interesting. The prosecution said that it was decided at the Supreme level, they are not required to provide access to the LIDAR manual but only the testing and operating procedures. When I questioned which case, she cited R. vs James McGuigan. The JP then told me to go online and look it up. Clearly I was at a disadvantage (at my own fault). A quick Google search and I came across the court of appeal that indicated that the prosecutor was misinformed or knew she could play me.
Court of Appeal (R. vs McGuigan): https://www.canlii.org/en/on/onca/doc/2 ... 1#document
Original:
https://www.canlii.org/en/on/onsc/doc/2 ... sc436.htmlCurrently, I only have the Instrument Testing section of the User Manual from 2008.
3) The prosecution handed me a DVD in court of the audio/video of the dashcam but after watching the video, I noticed the officer makes mention of a body cam which footage was not provided.
4) My fault, totally forgot to ask for this in person, in front of the JP but it was part of my 2nd and 3rd disclosure requests.
The JP told me that the next visit to the court room is on me. That said:
1) Can I still poke the prosecution to provide the McNeil report at this point? If this cannot be provided, does this not allow to me question or validate the officer's credibility and reliability?
2) Can I request to view the manual at the prosecution's officer? Failing that, inform the JP at my next court visit that under R. vs McGuigan, I am privy to this information?
3) Can I request disclosure of the body cam?
4) Can I request the training and contact information at this point via a disclosure request?
Sorry for the long read but I appreciate any help that can be provided
Thx in advance.