Impaired driving charges were stayed against an accused man because Toronto police officers who were asked to testify booked their vacation at the same time as the man’s trial, the Crown recently informed a judge in a College Park courtroom.
Crown attorney Lindsay Kromm told Ontario court Justice William Horkins on March 10 that the April trial for Saman Azimi would not be able to go ahead as planned because she was informed that the officers she had asked to testify would not be making themselves available.
The case had already dragged on for more than two years, for a variety of reasons, and any further adjournment would have meant the case would have breached the time limit for matters in provincial court set by the Supreme Court of Canada in a landmark ruling last year.
Kromm said she had asked for several officers to testify to respond to a Charter of Rights and Freedoms application brought by the defence, alleging constitutional violations following Azimi’s arrest in October 2014.
She explained in court that a trial notification for next month’s trial had been sent to Toronto police on June 23, 2016, but it was only in January that the officer in charge of the case emailed Kromm to say he didn’t believe many of the officers requested to testify were necessary.
“I told him there was a charter application before the court and it was my opinion that those officers were necessary and I required them to be here for trial,” Kromm told Horkins, according to a court recording obtained by the Star.