Brandon Barnes, an associate in the Davis LLP Litigation Group, was recently interviewed by InHouse magazine for a story on the much-debated acquittal of three former Nortel executives on fraud charges.
The not-guilty verdict has prompted many to question the current justice system, expressing concern that Crown attorneys and judges lack the expertise in corporate business practice to effectively prosecute complex white-collar crimes.
But such views are not firmly supported by what happened in this trial, Brandon counters. "Justice Marrocco didn’t shy away from analyzing the facts very closely. There wasn’t any attempt to gloss over areas of weakness of understanding or uncertainty and the decision rests very heavily on the facts.”
He adds, "Prosecutions of financial matters are difficult – not because there aren't experts at the Crown's disposal. They're difficult because the evidentiary burden is complex and the law is developing."