Journal Pioneer

Decision delayed

Date for decision in sexual assault trial moved to Jan. 28

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A 62-year-old man facing 17 charges related to alleged sex offences is waiting one month longer than first scheduled to learn his fate.

Leo Arnold Dowling was initially slated to appear Thursday in P.E.I. Supreme Court before Justice Nancy Key to hear her decision, but the date has been moved to Jan. 28. Dowling is charged with offences that include allegation­s of social interferen­ce, indecent assault, sexual assault and invitation to sexual touching.

During the trial, the court heard testimony about Dowling that included allegation­s of him putting his hand inside a complainan­t’s shirt to touch her chest and touching a victim’s vagina through her clothing. He denied the allegation­s. During her submission­s in November, Crown attorney Valerie Moore said the complainan­ts’ evidence was compelling, detailed and consistent. None of the evidence in the case raises reasonable doubt, she said.

Defence lawyer Scott Barry said in his submission­s that the evidence of each complainan­t needs to be able to stand up on its own when it comes to the burden of proof.

In criminal cases, the Crown must prove the offence beyond a reasonable doubt. Barry said the Crown failed to do so.

The evidence in the case involved events alleged to have happened more than 20 years ago, and Barry said there was bound to be uncertaint­y in some witness recollecti­ons.

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