Newfoundland Prosecutor Calls for Conflict of Interest Rules After False Accusation
A former Newfoundland and Labrador Crown prosecutor, Tim O’Brien, is advocating for stricter conflict of interest rules within the provincial prosecution service following his experience as the victim of a false sexual assault allegation. O’Brien alleges his former colleagues mishandled the case against the woman who falsely accused him, leading to a lack of respect and a feeling of being excluded from key decisions.
False Accusation and Extortion Attempt
In late 2022, O’Brien was prosecuting a case involving allegations of sexual and physical abuse against a teenaged wife. The complainant in that case, seeking to withdraw charges, allegedly threatened O’Brien with a false sexual assault allegation if he proceeded with the original case. According to an agreed statement of facts, she sent him an email outlining this threat.
This led to two police investigations: one into O’Brien for sexual assault and another into the woman for extortion, unlawfully intimidating a justice system participant, and public mischief. O’Brien was cleared of the sexual assault allegation, and the woman was later charged in connection with the threats.
Concerns Over Case Handling
O’Brien expressed concern that the prosecution of the woman who made the false accusation was handled by colleagues with whom he had a working relationship. He believes the case should have been transferred to an outside agency to avoid any perception of bias. “From the outset I had concerns with the conflict issue given my proximity to the people involved in this prosecution,” O’Brien said. “And the decision to have it handled the way they did struck me as odd at the time, but I was never consulted first nor last on it.”
He was further troubled when the case was transferred to mental health court and when the Crown suggested a sentence of 90 days of house arrest and two years of probation. O’Brien learned of this proposed sentence on the courthouse steps, stating, “Extortion is, by all accounts, a significant criminal offence. That’s something that you would expect to have a conversation [about] prior to court.”
Calls for Policy Change
O’Brien is now calling for the Newfoundland and Labrador prosecution service to implement firm rules on conflicts of interest to prevent similar situations in the future. Currently, the province lacks a specific policy outlining when a case should be transferred to an external agency.
Criminal defence lawyer Michael Spratt agrees with O’Brien’s assessment, stating, “Even if bias doesn’t exist, we need to take steps to make sure there isn’t even the perception of bias… And the basic first step … Is making sure that colleagues don’t interact with other colleagues as witnesses, or complainants or victims. And that wasn’t done here, which is shocking.”
Justice Department Response
Both the Department of Justice and the director of public prosecutions declined to comment on O’Brien’s complaints, citing the ongoing nature of the case.
The woman accused of extortion is awaiting sentencing on April 16.