News 24 Dec. 2010

Supreme Court of British Columbia Issues Decision Relying Upon Expert Testimony of Curtis Litigation Partner Jacques Semmelman

On December 24, 2010, the Supreme Court of British Columbia issued a decision in a criminal case, Regina v. Singleton, 2010 BCSC 1855, in which the court relied, in part, upon expert testimony given by Curtis litigation partner Jacques Semmelman.

The defendant had sought dismissal of the criminal case, arguing that there had been misconduct by both the U.S. and Canadian governments during the course of his U.S. extradition proceeding. The Ministry of the Attorney General of British Columbia retained Mr. Semmelman as its expert witness on U.S. extradition law and procedure. Mr. Semmelman delivered an expert's report that rebutted the allegations of governmental misconduct, and then testified at trial as an expert witness for the prosecution.

In its decision (in which it found the defendant guilty), the Supreme Court of British Columbia described Mr. Semmelman as 'a leading expert on extradition proceedings in the United States,' and took note of his 'broad practical and academic experience.' The court quoted at length from Mr. Semmelman's expert report, and relied upon his expert opinion in concluding that there had been no governmental misconduct in the U.S. extradition proceeding.