R. v. L.E.K.
R. v. L.E.K.
(Calgary, P.C.). An Alberta judge once said that it doesn't matter whether the facts are on your side, or whether the law is on your side, or whether you think you have a great argument or all of the above. None of it matters if you can't convince your trial judge that you are right. David Chow represented LK, who was unfortunately convicted in 2017 after a very arduous and lengthy trial. LK was on trial for a serious home invasion in Calgary that involved a firearm. He had many issues in his favour: identification, investigative necessity, frailties in proving the essential elements of the offence. Despite a very credible argument that the wiretap captures were inadmissible due to investigative necessity, the evidence was admitted at trial. Despite a lack of identification and a very strong argument that the Crown failed to prove LK committed the crimes before the court, he -- along with his co-accused -- was convicted. The example from LK's case is that sometimes no matter how strong defence counsel argues a case, it just doesn't work out. However, the lesson is, since LK advanced every meritorious issue to its ultimate conclusion, and thus forced the Crown to argue and the judge to decide, issues were created on appeal. In 2019 LK was granted a new trial. David Chow is a Calgary criminal lawyer who will advance every credible and meritorious issue in a case. If you have been charged with a serious offence, including one involving complex wiretap issues, call David Chow. He is one of a number of Calgary criminal lawyers who offers a free initial consultation.