Newmarket judge torpedoed the aggravated assault trial of Harshdeep Binner because prosecutors failed to provide full disclosure
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A mistrial has been declared in the aggravated assault trial of one of the men accused of attacking Elnaz Hajtamiri.
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According to CTV News, a Newmarket judge torpedoed the aggravated assault trial of Harshdeep Binner after his legal team argued that prosecutors failed to provide full disclosure.
But Binner, 26, of Brampton, is not off the hook yet.
The mistrial ruling is not a free pass, and it’s expected he will be tried again.
Binner was accused of attacking Hajtamiri with a frying pan in December 2021 in the underground parking garage of her Richmond Hill condo. Cops believe the attack was part of a botched kidnapping attempt.
Hajtamiri, 37 at the time, required 40 stitches for her head wound.
Binner has been behind bars since his arrest in late 2022. None of the charges have been proven in court.
Terrified, Hajtamiri went into hiding with relatives in Wasaga Beach in the wake of the attack.
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But on Jan. 12, 2022, she was snatched in the dead of night by three men posing as cops, claiming they had a warrant for her arrest. She was then thrown into a stolen white Lexus SUV and whisked away into the night.
Her kidnapping triggered a massive investigation that has led to a slew of arrests, but there has been no sign of Hajtamiri. Detectives fear she has been murdered.
What emerged in the probe was what appears to be a massive conspiracy involving stolen vehicles.
Binner had originally been charged along with a man named Riyasat Singh. In late 2022, he pleaded guilty to aggravated assault and was deported.
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The Toronto Sun first reported that the two men were arrested and charged in Edmonton for stealing valuable Ford F-150 pickup trucks.
Outside court, Binner’s lawyer, Uma Kancharla, told CTV News that the decision made her “very happy.”
“If the trial had proceeded, it wouldn’t have been fair, and so to ensure that the administration of justice was proper, Her Honour did what was correct,” Kancharla told the network.
She added that she expects to represent Binner at a retrial.
The matter is expected to return to Newmarket court on Thursday to set a date for a judicial pretrial.
bhunter@postmedia.com
@HunterTOSun
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