Court asked to force JP to continue Cipriano trial

Rita Cipriano's lawyer is asking the Ontario Superior Court of Justice to force Justice of the Peace Susan Hilton to complete the trial of Rita Cipriano, accused of voting irregularities during the 2006 municipal election.

If the higher court denies that request, Cipriano will ask it to review transcripts of the case and decide the matter, seeing that virtually all evidence has already been heard.

Earlier this month, Hilton declared a mistrial in the case, indicating she had no choice but to halt the trial after Cipriano's lawyer, Donald Orazietti, questioned her competence and objectivity. Orazietti will argue that the mistrial was requested by neither the Crown nor the defence and that Hilton was wrong to declare it.

"The test for a mistrial is that is it has become impossible for the trier of fact, in this case the justice of the peace, to render a fair verdict as a result of having heard inadmissible and prejudicial evidence which has caused irreparable damage to one party, or the perception that a fair verdict cannot be rendered. That did not happen in this case," Orazietti argues in documents served yesterday.

Declaring a mistrial after a three-day trial at which virtually all evidence was heard would be a waste of both taxpayer's and Cipriano's money, he argues.

"The charges are two years old and both the public and the defendant are entitled to closure," Orazietti said.

Orazietti will ask the Ontario Superior Court of Justice on April 8 to set a date for his applications to be heard.

Earlier SooToday.com coverage of this story

Cipriano mistrial blamed on 'Orazaddi'-baiting