Facing 11 charges including assault with a weapon, David Knapman Jr., also known by his pro wrestling ring name of Magnum McLaren, will wait two weeks to learn if the Crown will proceed with or dismiss the case against him.
He’ll hear Jan. 21 of the Crown’s decision, based on the legal concept known as the reasonable prospect of conviction (RPC).
Though he did not appear in court on Jan. 7, an agent for his lawyer appeared to update the judge, asking a further adjournment to Jan.21 to continue “the RPC process” which will decide which way Knapman Jr.'s case will go.**
Once a performer at Sudbury-based professional wrestling promotion Project X Wrestling, not only is Knapman Jr. in the hands of the courts, but so is the company’s founder/promoter a.k.a David Knapman, his father.
Performing under the name DC Knapman, Knapman the elder is facing 18 charges which include not only assault with a weapon, but also forcible confinement. He’s next in court Jan. 14.
None of the allegations against the two have been tested in court and they are considered innocent unless proven guilty.
As described in the Crown prosecution manual (written by the provincial Attorney General’s office,) the reasonable prospect of conviction is “a standard that must be applied to all cases and at all stages.”
“If at any stage of the proceeding, the Prosecutor (Crown attorney) determines there is no longer a reasonable prospect of conviction, the prosecution must be discontinued,” it reads.
The decision is made based on a combination of prosecutorial judgment and “objective indicators” found in the case itself.
“Applying the reasonable prospect of conviction standard requires a limited assessment of credibility based on objective factors, an assessment of the admissibility of evidence and a consideration of likely defences.”
Essentially, it’s a question of the credibility of witnesses, not what they say but rather, are they qualified to say it, as well as the availability of evidence and whether or not a judge will allow said evidence at trial.
There is also consideration for “any defences that should be known or that have come to the attention of the Prosecutor.”
If the Crown determines there is a reasonable prospect of conviction, next steps are to consider whether it is in the public interest to continue the prosecution, but that is only after the prospect has been determined.
“No public interest, however compelling, can warrant the prosecution of an individual if there is no reasonable prospect of conviction,” states the manual.
The manual is clear that “the Prosecutor should not consider the personal feelings of any official involved in the prosecution concerning the victim or the accused, any political advantage or disadvantage that might flow from the decision to undertake or stop a prosecution or the possible effect on the personal or professional circumstances of anyone connected to the prosecution decision.”
Where there is no reasonable prospect of conviction, “the Prosecutor must withdraw the charge,” states the manual, adding “the Prosecutor must ensure reasonable steps are taken to inform the victim and the investigating officer that the charges will be withdrawn.”
Jenny Lamothe covers the justice system for Sudbury.com.
*This story has been corrected due to improper attribution. Sudbury.com regrets the error.