Ont. judge rebuked over sex assault acquittal

Ontario’s top court sharply rebuked a prominent judge on Thursday for repeatedly failing to explain why she had acquitted a man accused of beating and sexually assaulting a woman.

In setting aside the acquittal and ordering the man face a new trial, the Appeal Court expressed dismay at the conduct displayed by Superior Court Justice Susanne Goodman.

“Our order directing a new trial is a terrible result for everyone involved in this proceeding,” Justice David Doherty wrote for the court. “The trial judge’s failure to give reasons, despite her repeated promises to do so, has frustrated the proper administration of justice.”

In a post-script to the decision, the Appeal Court said the judge had displayed similar behaviour in the past.

“Nor is this the first time that this trial judge’s failure to provide reasons has required this court to order a new trial,” the Appeal Court said. “It must be the last time.”

Roslyn Levine, a spokeswoman for Superior Court Chief Justice Forster Smith, told The Canadian Press that it would not be appropriate to contact the Toronto-based judge directly.

“As this matter is now before the Canadian Judicial Council, it would be inappropriate for Chief Justice Smith to comment on it,” Levine said.

The new issue arose after Goodman dismissed all charges against Stanislaw Sliwka in March last year. He was charged after a distressed woman, who can only be identified as A.C., called 911 from an apartment in March 2014.

Police were “horrified” to find A.C. had been badly beaten and needed immediate medical assistance, court records show. Her injuries included severe bruising, swelling, numerous cuts, and bleeding to her face and head.