CREDIBILITY - FAILURE TO TAKE NOTES RESULTS IN ACQUITTAL
Sunday, October 30, 2011 at 4:37PM The accused was charged with refusal. The officer said that he asked the accused whether her comment, 'That's it", meant she was refusing. There was nothing in his notes to indicate he in fact asked the question nor what her response may have been. When questioned further, he said that he knew he had done it because he had an independent recollection of doing so. The trial judge commented that the officer's testimony in cross-examination was surly and argumentative. He said that a failure to record every important event is not fatal to an officer's credibility and is sometimes understandable. However, the judge said that where the lacklustre note taking skills are justified with a righteous indignation and defence, of "I have an independent recollection of these events", that is not satisfactory. R. v. Navarro, 2011 ONCJ 359