R Maradona Arson Prosecution

BACKGROUND FACTS: Maradona is charged with arson. The allegation is that he burned down his golf store because he was losing money. He could not compete with the golfing giant that had opened a large store nearby. It was estimated that the fire started around 10:00 pm. The fire examiner's office could not determine the cause of the fire. Maradona's defence is that the cause was accidental. In his statement to the police taken over a thirty-minute period the day after the fire, he told the investigating detective that he remembered smoking a cigar that night as he was reviewing his books and it must not have been put out. He went home that night shortly before 10:00 pm. He vehemently denied starting the fire. The statement was taken by one officer and there were no breaks during the interrogation. The statement was videotaped. Maradona does not have a criminal record. Maradona has elected a jury trial. Please provide answers to the following questions that have arisen during the course of the trial.

1. The Crown wants to lead evidence that Maradona owes over $100,000 in debts in relation to his golf store. The defence objects to this evidence on the basis that the issue is who set the fire not Maradona's ability to manage his finances. How will the Crown respond?

2. The Crown wants to call a witness who will testify that in the days leading up to the fire that Maradona appeared distressed and depressed. The defence objects. What is the basis of the objection? How will the judge respond?

3. The Crown wants to call Beckenbauer who will testify that he was approached by Maradona six months ago. Maradona wanted him to burn his store to enable him to collect on the insurance proceeds. The defence objects that this is bad character evidence. Will the objection succeed?

4. Defence counsel is aware that this witness is telling the truth based on what Maradona has told him. Assuming that the witness is permitted to testify, is it ethical for counsel to suggest to Beckenbauer that he is lying to try and negotiate a withdrawal of his current criminal charge.

5. The Crown wants to lead Maradona's statement to the investigating detective that puts him at the store around the time of the fire. What preliminary finding will the trial judge have to make before the statement is admissible? If Maradona testifies, will the defence be able to refer to the fact that he denied setting the fire when he was arrested?

6. Assume that the preliminary finding referenced in #5 is made. The Crown only wants to lead that part of the statement the Crown considers to be incriminating. Will they be allowed to?

7. What motion can the defence bring at the end of the Crown's case before deciding whether it should call a defence? What is the legal standard?