As part of her employment obligations, our client handled and delivered sensitive documents on a daily basis, including cheques. Over the course several months, multiple cheques were reported as missing and as being fraudulently paid to third parties. Our client's employer conducted an internal investigation and focused exclusively on her, concluding very early on that she must be responsible for the missing cheques, despite weak evidence connecting our client to the allegations and evidence suggesting that other individuals had the opportunity to commit these offences. Investigators decided to arrest our client for criminal offences when they observed her breach a workplace policy. Our client was charged with thirty-one offences, including theft from mail, breach of trust, and fraud over $5,000.00.
Prior to the preliminary inquiry, the prosecution agreed that they could not prove the fraud charges and agreed to withdraw them. During the preliminary inquiry, defence counsel cross-examined the employer's internal investigator, showing that he had not explored other possible suspects or explanations for the offences.
RESULT: Following the cross-examination of the internal investigator, the charges against our client were withdrawn in exchange for a diversionary program because she took responsibility for breaching the workplace policy.