Mr Justice Lyle said it was inappropriate for Mr Clements to be considered as a witness in a criminal proceeding. The Crown continues to seek the full costs of Mr Clements's appeal. An independent review concluded that he did not have sufficient knowledge of how he acted in relation to the allegations. On his application, Mr Justice Lyle said the Crown made the wrong decision and he understood that the Crown did not have to prove it through evidence presented to the court. He said the Crown had made the wrong decision and has, consequently, breached its obligation to respect the law and the public interest under section 5 of the Criminal Code. He said there had been evidence in evidence at the hearing that he should not reasonably be regarded as a suspect or as being in a position to deal with or assist or influence Mr Clements. Mr Justice Lyle also referred to another case in which Crown lawyers were questioned about the handling of Ms Clements's case by the police after the investigation at Mr Clements's home.