Your honour,

The determination of September 2nd that sufficient preliminary evidence had been presented to proceed to trial did not, in of itself, constitute a determination that sufficient evidence had been presented to allow a trial to be brought to conclusion; merely that the preliminary evidence suggested that such an evidentiary basis existed that the complaint had merit enough for charges to be brought, in the expectation that more evidence would be presented during pre-trial. It was the duty of the prosecution to provide additional evidence in the discovery period that would allow this case to proceed further; as the Defence believes that the Prosecution has not done so, and considers the presented evidence insufficient for such purposes, we believe that it is only proper that we be allowed to present a motion to dismiss the charges.

Defence does not believe that the Court can rule on the merits of said motion until we have presented it; it is leave to present said motion that we seek.