Judge refuses to reopen sexual assault trial

A Nova Scotia Supreme Court judge has dismissed an application to reopen the trial of a former Halifax taxi driver who was found guilty of sexually assaulting an intoxicated woman in December 2012.

Bassam Al-rawi, who was convicted on Aug. 28 at a judge-alone trial, was scheduled to be sentenced in early November but the hearing was adjourned as the defence was awaiting the translation of medical records in Germany.

At the time, defence lawyer Ian Hutchison also told the court he had been instructed by Al-rawi to apply to reopen the trial and seek a mistrial based on the contents of a victim impact statement filed by the complainant in the case.

On Wednesday, Hutchison argued his client believed the woman's victim impact statement introduced fresh evidence to the case.

In her three-page statement, the woman, whose identity is protected by a publication ban, expressed she was afraid she hadn't done enough since December 2012, and it may have led to other women being assaulted.

In March 2017, Al-rawi had been acquitted in a different sexual assault case. He was again found not guilty at a retrial for the case in September 2019.

But the complainant said she finally felt like she did enough when Al-rawi was found guilty eight years after her incident.

“The victim impact statement tells us more about what (the complainant) felt about Al-rawi's acquittal in relation to the other proceedings,” Hutchison said.

“Is the motivation shown in relation to her or is the motivation in relation to others or is it a combination of both?” Hutchison asked.

Hutchison argued Al-rawi's acquittal in another case “clearly had an effect” on the complainant and resulted in the woman having a bias, consciously or subconsciously, toward the former taxi driver.

But Justice Gerald Moir said he agreed with Crown attorney Carla Ball that there was no fresh evidence given in the victim impact statement.

Moir said the woman made her initial complaint to police almost immediately after the incident, long before Al-rawi was acquitted in a separate case in 2017.

It was only after hearing the allegations in that case that she noted the similarities and contacted police, out of frustration and guilt, about her case.

Moir said he dealt with the complainant's credibility and bias before he rendered his decision in August.

“The victim impact statement adds nothing, except to make it clear that the bias was generalized. That it was based on a concern for an undetermined group of women who may be vulnerable to Mr. AlRawi,” he said.

“The statement at the end of the victim impact statement could not have affected the result of the trial,” Moir said.

Al-rawi, who stared straight ahead for most of the session, leaned back in his chair and looked at the ceiling as Moir dismissed the motion to reopen the trial.

The sentencing hearing for Al-rawi is to continue at 9:30 a.m. Thursday, when the woman is to read her victim impact statement to the court.

TIM KROCHAK • FILE Former cab driver Bassam Al-rawi is seen during a break in his trial at Nova Scotia Supreme Court on Feb. 20, 2020. Al-rawi was found guilty of sexually assaulting a woman at his apartment in December 2012.