Three Toronto cops found not guilty of sex assault
Three Toronto police officers have been found not guilty of sexually assaulting a female colleague on a night of heavy drinking after an Ontario judge said the woman’s testimony was “fraught with problems.’’
Justice Anne Molloy told a Toronto court Wednesday she “looked in vain for corroboration’’ of the woman’s version of events on Jan. 17, 2015, but couldn’t find any evidence to support her account.
Leslie Nyznik, Joshua Cabero and Sameer Kara had pleaded not guilty to a charge each of sexual assault. All three hugged supporters after the verdict was handed down. The complainant was not in court.
Nyznik, the only accused to testify, said during the trial that it was the female colleague’s idea to return to a hotel room rented out by two of the accused where she instigated sex with all three men.
The woman — a parking enforcement officer whose identity is protected by a publication ban — had testified she had several drinks during the course of the night and was unable to stop the men from having sex with her.
“I was powerless, I couldn’t move, I couldn’t talk, I couldn’t stop what was happening,’’ she testified.
The judge said the case came down to the reliability and credibility of the woman, which she found lacking. There were many problems with the complainant’s evidence, Molloy said, finding some aspects “simply untrue.’’
“Given frailties of evidence I simply cannot be sure to make a finding of criminal guilt,’’ she said.
Molloy said, however, that she didn’t necessarily believe Nyznik’s testimony, which “appeared to be scripted or rehearsed’’ and rang false at times. But the judge said she could not reject it as untruthful.