Former PSW not guilty of sexually assaulting senior
A former personal support worker has been found not guilty of sexually assaulting an elderly male client after a judge ruled she had concerns about the 75-year-old complainant’s testimony.
While she found him a credible witness, Judge Ann Watson said there were several inconsistencies in the man’s testimony which left her with a reasonable doubt as to the guilt of the defendant.
“My concern is with respect to his reliability to what he is reporting,” she said Tuesday in Ontario Court of Justice in St. Catharines.
“The inconsistencies in the complainant’s evidence and the frailty of his memory is concerning.”
Walter Awramenko, 55, was arrested in July 2016 after the man reported to police his personal support worker had performed a sex act on him at his St. Catharines condominium.
The complainant testified he went to sleep fully clothed and woke to find himself naked and the defendant lying in the bed beside him. He said Awramenko then performed oral sex on him.
The St. Catharines defendant at trial maintained his innocence, insisting he never acted inappropriately with the elderly man.
He testified he went to visit the complainant on his own time in order to assist him in the shower because he had a doctor’s appointment the following day. He said the agency he works for was not aware of the unscheduled visit.
Defence counsel David Kerr said the complainant suffered a stroke five years ago and now has periods of “forgetfulness, memory problems and hallucinations.”
He added there is no forensic evidence to confirm the man’s version of events, adding the complainant testified he had consumed a number of glasses of wine that night.
Assistant Crown attorney Richard Monette said the complainant lives independently and only requires support workers to assist with personal care.
“He is not mentally impaired,” he told the judge, adding Awramenko’s testimony “just doesn’t have a ring of truth to it.”
Kerr disagreed, saying his client testified “truthfully and in a forthright manner.”
A supervisor at the Hamiltonbased company that provides care for clients inside their homes testified Awramenko worked with the complainant twice a week for about six months and that there had never been any issues or concerns in the past.