Sexual Assault of Minors
Accused client arrested on eight counts of sexual assault of minors and sexual interference. Accused alleged to have sexually assaulted 4 young girls in a public swimming pool by groping them underwater during a public swim. At trial, the 4 complainants took the stand and testified to the assaults.
Following a s. 10(b) Charter Voire Dire the Judge found the accused’s right to counsel had been breached and his statement was excluded from evidence. In the trial proper, during cross examination, 3 of the 4 girls were shaken on their identification of the accused and admitted that it may not have been him who assaulted them while on the stand. The judge ultimately acquitted on all counts finding that the good character evidence of the accused’s wife along with reliability issues in the complainant’s testimony raised a reasonable doubt.