Kelly and his wife were getting divorced, but were still living together. Tension was high. There were constant arguments in the house.

Kelly’s wife went to the police alleging that he had hit her and threatened to hurt her. Kelly denied the allegations.  Kelly was charged with domestic assault and uttering a threat to cause bodily harm, contrary to the Criminal Code of Canada. 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 located 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. The judge could not reject Kelly’s testimony. Kelly was not guilty of all charges.

(*All personal information has been edited to protect client privacy. Past successes do not guarantee future results.)

Ottawa Criminal Lawyer

Charged with a domestic assault in Ottawa? Contact Ottawa criminal lawyer Brett McGarry to discuss the best defence for your case.