Section 13: Incriminating Testimony from Another Proceeding

The Respondent, Marius Nedelcu, had been convicted of dangerous driving causing bodily harm and impaired driving causing bodily harm after a serious motorcycle accident in which his passenger sustained a brain injury. The matter was the subject of both civil and criminal proceedings, in which Mr. Nedelcu gave inconsistent testimony. In civil examination for discovery, he claimed that he had no memory of the accident. In the criminal trial, he testified in detail and claimed to remember 90 to 95 percent of what happened. The question on appeal was whether the conviction violated Mr. Nedelcu’s right not to have inconsistent incriminating testimony from another proceeding used against him in a criminal proceeding. Continue reading →