Defence wants Crown prosecutor removed from case over Charter breach

Activate your Online Access NowLazin argued Feasby should order Polak off the file, because he declined to engage in discussions with El-Ajami or provide disclosure while the accused was out of the country and was unrepresented at the time.In his June decision, the Court of King’s Bench judge found Polak was simply following the policy in the Public Prosecution Service of Canada deskbook which sets out their disclosure policy.

Feasby found that in the unique circumstances of El-Ajami’s case, police and the Crown were obligated to tell him the charges he was facing and provide disclosure even though he was absent from the county.Article content Between 2017 and 2021 El-Ajami made repeated attempts to be sent disclosure, but none was provided until he retained a lawyer in June 2021, Feasby found.

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