PJO was the proprietor/manager of what is perceived by the local police service as an establishment of ill repute. PJO found himself in a dispute with a female tenant of the establishment over rent and remuneration. The women took her complaint to the police where she accused PJO of sexual assault and threatening to kill her. Consequently, the police charged PJO with uttering death threats, inducing sexual contact by threats, and sexual assault. PJO retained Patrick Fagan to defend this prosecution. Patrick Fagan elected trial by way of Provincial Court Judge, entered pleas of not guilty to all charges and scheduled the matter for trial.
Approximately 3 weeks prior to commencement of trial proceedings, the Complainant, without any degree of encouragement or provocation, contacted PJO and told him that she was “sorry” for calling the police and that “he didn’t do anything wrong”. She further told PJO that she didn’t want to go to Court but was told by the police that if she didn’t show up, she’d have to go to jail.
Patrick Fagan promptly relayed the foregoing conversation to the assigned Crown Prosecutor and encouraged the Crown to immediately verify the foregoing exchange.
BOTTOM LINE: Patrick Fagan was successful in killing all charges against PJO by way of the entry of a Stay of Proceedings .