Franco Orr, left, and Nicole Huen walk back to B.C. Supreme Court after the lunch break in a human trafficking trial in Vancouver on June 13, 2013.Darryl Dyck/The Globe and Mail
B.C.'s highest court has ordered a new trial for a man who was convicted in a human-trafficking case involving his nanny.
Franco Orr was found guilty by a jury in June 2013. His wife was acquitted. Their B.C. Supreme Court trial heard the couple misled their Filipina nanny about her working conditions, salary, and opportunity to permanently stay in Canada.
But, in a decision released Tuesday, the B.C. Court of Appeal ordered a new trial for Mr. Orr.
Mr. Orr's lawyer said he had planned to use the complainant's delay in reporting any mistreatment to authorities as proof she wasn't credible.
The defence lawyer said the trial judge erred when he allowed the Crown to call a witness who was not qualified to give evidence on how victims react to abusive situations.
The three-judge appeal court panel agreed, ruling the evidence may have critically affected the outcome of the case.