THE COURT: Just to make sure that Mr. Townsend understands the procedure correctly, is that is now a Voir (page 252) Dire which is a trial within the trial to determine whether or not the evidence of Mr. Harrison is admissible.
MR. TOWNSEND: Ah hm.
THE COURT: And it is only to determine firstly, if it is relevant evidence to these proceedings. You will be given an opportunity to cross-examine Mr. Harrison once the Crown has provided the examination in-chief.
MR. TOWNSEND: Your Honour, I had provided the Crown yesterday with synopsis of the law on the similar fact evidence. I object to this trial within a trial on the grounds that it's prejudicial. It's never been proven, what he's about to testify to.
THE COURT: That's why we're having these proceedings at this time, Mr. Townsend, in order to determine if it is prejudicial to the point where it should be excluded. I have to determine at this point in time whether or not that evidence will be admitted.
MR. TOWNSEND: Yes...
THE COURT: If not, then it...it doesn't form part of the trial.
MR. TOWNSEND: Yes, Your Honour. My...my only concern, Your Honour, is that the allegations that he made have never been proven and the charge was dropped.
(page 253)
THE COURT: Well, that...that is what we're here to determine, not the...whether or not the allegations are true, but whether or not they may be considered as evidence by me. MR. TOWNSEND: Ah hm.
MR. CLARK: Thank you, Your Honour. Sorry, I'm a little distract...the witness has been sworn.