Man found not guilty of four alleged sex offences
Justice Tracey Clements delivers verdict in the trial of Shawn Joseph James Martin
A 29-year-old man who was charged with multiple sex offences was found not guilty Thursday in P.E.I. Supreme Court.
Shawn Joseph James Martin appeared before Justice Tracey Clements in Charlottetown where she delivered her verdict after a trial that was held in June.
As she read her decision, Clements said she had concerns with some of the evidence from several witnesses, including Martin and the alleged victim.
Clements said based on all of the evidence, she was left with reasonable doubt on all of the charges.
The charges against Martin included allegations of sexual assault, sexual interference, invitation to sexual touching and making child pornography.
Martin was originally charged with alleged sex offences involving a second person, but those charges were stayed.
During the trial, the court heard the victim went to the police with her allegations after seeing a newspaper article about Martin being charged with an offence involving child pornography.
Martin was sentenced in 2015 to six months in jail for possessing child pornography.
In her decision, Clements said she found it to be a difficult matter and there were two different versions of what did or didn’t happen.
“The court does not decide whether something happened simply by comparing one version of events with another and choosing one of those versions,” she said.
There were inconsistencies and contradictions in the accused and the complainant’s testimonies, Clements said.
She also said it wasn’t a credibility contest and the Crown had the burden of proving beyond a reasonable doubt the alleged events happened.
“If the court has a reasonable doubt, the court must find the accused not guilty,” she said. A publication ban prevents the release of any details that could identify the alleged victim.