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Kelly was charged with domestic assault and uttering a threat to cause bodily harm in Ottawa, contrary to the Criminal Code of Canada. The Crown wanted jail time.
Kelly and his wife were getting divorced, but were still living together. There was a lot of tension in the house. Kelly’s wife went to the police alleging that he had hit and threatened to hurt her. Kelly denied the allegations. The Crown wanted jail time, even though Kelly had no criminal record. The charges also threatened Kelly’s security clearance.
We gathered emails that showed the complainant was jealous and angry, because Kelly had a new girlfriend. We assembled documents showing that the complainant had a financial motivation to fabricate the allegations. These documents were used to undermine her credibility at the trial. Kelly also testified at the trial, after being rigorously prepared on what to expect when the Crown cross-examined him.
After several days of trial, the judge found that there were significant problems with the complaint’s credibility. Kelly was not guilty of all charges.
Brett McGarry Criminal Law
200 Elgin Street, Suite 800 Ottawa, Ontario , Canada K2P 1L5
Phone: 613-884-8576 URL of Map