PROCEDURE - Crown’s duties - Disclosure

Law360 Canada (August 10, 2023, 6:31 AM EDT) -- Motion for disclosure by Haroon in relation to his conviction appeal for first-degree murder. Haroon, along with two co-accused, allegedly participated in the shooting and killing of Moulebou, to revenge the killing of Wahabi. The police obtained a search warrant for Haroon’s mobile phone, and a mirror image of its contents was created to preserve its integrity. The data extracted and decrypted from the mirror image was disclosed to Haroon’s trial counsel prior to the trial. No objections were raised during the trial regarding the sufficiency of the disclosure. The Crown also provided other disclosure, including telephone records and cell tower data. At trial, a crime analyst testified as an expert witness regarding telephone records and cell tower data analysis. The analyst’s evidence was part of the confirmatory evidence supporting the key eyewitness’s testimony. Haroon filed a disclosure motion of the full image of all data on the device, relying on affidavits of the digital forensics examiner that the process followed was flawed. Haroon’s notice of appeal raised grounds related to the adequacy of the trial judge’s instruction and a challenge to the search warrant under the Canadian Charter of Rights and Freedoms....
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