Erec Rolfe, Defence Lawyer
Erec Rolfe, Defence Lawyer

R. v. E.K.  Client Acquitted of Fraud Over $5,000 in Superior Court Trial

Charges: fraud over $5,000, utter forged document, possession of property obtained by crime.

Result: Client acquitted of all charges after trial.

 

E.K. was alleged to have passed a fraudulent cheque at a cheque-cashing store.  The culprit used photo ID with E.K.'s name on it.  The owner of the establishment stated that E.K.'s photo was on the card, and he made a comparison between the ID and the culprit when the cheque was cashed.  The owner photocopied the ID and that photocopy was introduced into evidence.  Th prosecution alleged the photo was of E.K.  Further, the owner pointed to E.K. in court as the culprit.

 

Mr. Rolfe successfully argued to the Superior Court that the photocopy of the ID was of poor quality and, therefore, the trial judge had no way of assessing the quality of the photo on the original ID.  Accoringly, the original comparison (when the cheque was cashed) might have been between the culprit and an unclear photo, which could not be used to prove the identity of the culprit beyond a reasonable doubt.  

 

The trial judge agreed and acquitted E.K. of all charges.

 

 

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