A Newmarket, Ont. judge has ordered a mistrial in the aggravated assault trial of Harshdeep Binner, following an application from the defence that argued the Crown failed to provide disclosure to the defence.
Binner, 26 of Brampton, Ont., is accused in a December 2021 frying pan attack of Elnaz Hajtamiri in the underground parking garage of her Richmond Hill home.
The mistrial ruling means Binner will likely have to stand trial again. Binner has been behind bars since his arrest in late 2022, about nine months after police in York Region allege he hit Hajtamiri in the head with a frying pan in a failed abduction attempt.
“I’m very happy because we actually didn’t get all the disclosure we needed, three years they did not give us a report for three years,” said Binner’s lawyer Uma Kancharla outside the Newmarket courthouse.
“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,” said Kancharla.
The attack, according to her loved ones left Hajtamiri with a bleeding forehead that required stitches.
At the request of police, Hajtamiri went into hiding with family in Wasaga Beach where on the night of January 12, 2022, Hajtamiri was abducted from the home by three men posing as police officers claiming to have a warrant for her arrest. Hajtamiri was dragged barefoot through the snow and loaded into a stolen Lexus SUV. Her family has not seen or heard from her since. Police presume Hajtamiri is dead.
Binner was initially charged with Riyasat Singh who in late 2022 pleaded guilty to aggravated assault and was deported.
Edmonton Police revealed in early 2022, Binner and Singh were arrested and charged with stealing Ford F-150 pickup trucks.
Binner’s lawyer says she plans to defend her client again at trial and secure his acquittal.
“Having a fair trial, that’s the most important thing, having all the disclosure to make full answer in defence,” said Kancharla.
The matter is scheduled to return to an assignment courtroom in Newmarket Thursday to set a date for a judicial pretrial. The allegations against the accused have not been tested in court.
