accounts before being interviewed by police and providing the
statements adduced as part of their evidence in-chief at trial.
[ 32] The appellant A.C. adopted the submissions of the appellant C.B. about the credibility of each complainant and the reliability of each of their accounts. He also invoked the text messages
as evidence that tolled heavily against the credibility of D.P. and
emphasized the collusive nature of the allegations that emerged
from the complainants’ meeting shortly after the alleged offences
[ 33] The Crown advanced the complainants as candid, credible
witnesses who provided a reliable rendition of relevant events
corroborated by other evidence adduced at trial. The text messages,
far from putting the lie to the complainants’ accounts, were “barely
worth the paper they [were] printed on”. They had not been
properly authenticated by direct or expert evidence, and thus were
valueless as evidence.
[ 34] The Crown also disputed the defence submission that the
accounts of the complainants were the product of collusion. The
evidence at trial simply could not support such an inference.
There was no “cooked-up” story.
The Grounds of Appeal
[ 35] On the appeal from conviction, the appellants advance two
grounds of appeal and seek to introduce fresh evidence about the
authenticity of text messages that trial counsel sought to use to
challenge the credibility of D.P. and the reliability of her account.
[ 36] As I would paraphrase their common grounds of appeal
against conviction, the appellants say that the trial judge erred
( i) finding the text messages counsel put to D.P. in cross-
examination had not been properly authenticated; and
( ii) misapprehending the evidence about photos taken (and text
messages sent) shortly after the alleged assault on G.D.
[ 37] Counsel tenders for reception as fresh evidence the report
of Marty Musters, a certified forensic examiner, concerning his
examination of a cellphone produced by the appellant C.B.’s
mother and his opinion about the origins and authenticity of text
messages and photographs extracted from that phone. Counsel
also tenders an affidavit prepared by C.B.’s trial counsel detailing
the circumstances giving rise to the manner in which she
produced the photographs and text messages at trial and reasons
for producing them the way she had.