R. v. Chechel

[1999] O.J. No. 5167



the appelicant submits that the video equipment which was available, and in fact used in this casse, which did record certain of jos movements, ipon arriving at and within the police station are not available. A timely rewuest for disclosure of tis material was made and this material was found to have been destoryed 30 days after the date of the charge. Application succeeds and a stay is granted.



there is no dispute, a bbreach of teh accuse's rights under section 7 has occurred. I find the accused has been prejudiced in his ability to make fyll answer and defence. There has been noting presneted in this case which reduces or in som way alleviates this prejudice.