The Videotaped Complaint

The Accused managed a retirement home owned by his mother. A cook he had recently fired reported that an 81-year-old resident, the Complainant, told her the Accused had beaten him and threatened to kill him unless he left by noon. Days later a doctor found three fractured ribs and bruising, consistent with his account but also possibly the result of a fall. Police then videotaped his statement. It was not under oath, though he agreed it was important to tell the truth. He had suffered a stroke and been treated for paranoid psychosis and depression, and possible dementia was noted, although a geriatric psychiatrist saw no impaired judgment on the tape. Four other residents made similar complaints. By trial the Complainant had died of unrelated causes and none of the residents could testify, so he was never cross-examined. The defence suggested the fired cook had stirred up the complaints out of spite. Can the Crown prove the assault with his out-of-court videotaped statement?