Majority
The judgment of the Court was delivered orally by
La Forest J.
La Forest J. ‑‑ Notwithstanding the able argument of counsel for the appellant, we are all of the view that the trial judge's conclusions as to guilt operate independently of his discussion of the adverse inference. The trial judge makes it abundantly clear that the Crown has proved its case and that the story proffered by the defendant is completely unbelievable. The discussion of the adverse inference is, in essence, made as an afterthought. It is, therefore, not necessary to deal with the issue of drawing an adverse inference from the failure to call evidence.
The appeal is accordingly dismissed.
Judgment accordingly.
Solicitors for the appellant: Greenspan, Humphrey, Toronto.
Solicitors for the respondent: William J. Corby and Graham J. Sleeth, Fredericton.