Anger grows over acquittal of cabbie in sex-assault case
HALIFAX — There is growing anger over the acquittal of a Halifax taxi driver charged with sexually assaulting a young woman in his cab, with calls for the judge behind the decision to be removed from the bench.
Two marches have been scheduled for next week to press for a review of the ruling by Judge Gregory Lenehan, while others are organizing a weekend gathering to compose letters of complaint seeking a judicial council review.
As well, a coalition of 12 women’s agencies from across Nova Scotia is calling for him to be removed from the bench.
Lenehan ruled Wednesday that the Crown failed to prove beyond a reasonable doubt that the woman did not consent to sexual activity with cab driver Bassam Al-Rawi.
In his 20-minute ruling, Lenehan said bluntly: “A drunk can consent.”
The 40-year-old man was charged after police found the woman, in her 20s, passed out partially naked in his car in the early hours of May 23, 2015.
The decision prompted an immediate backlash and a renewed discussion about alleged sexual assault, inebriation and consent — all factors in another recent case involving a Newfoundland police officer who was acquitted of sexually assaulting a woman who was drunk.
“Lenehan’s judgment in this case demonstrates a clear disregard for and lack of understanding of sexual assault and definitions of consent as defined in the criminal code,” said a statement issued Friday by the Antigonish Women’s Resource Centre Sexual Assault Services on behalf of multiple groups including Halifax’s Avalon Sexual Assault Centre.
“Judge Lenehan has demonstrated he is incapable of fairly applying the law in cases of sexual assault and, therefore, must be removed from the bench.”
A spokesperson for the public prosecutions service said Friday an appeal of the ruling was under consideration.
Elise MacIntyre, a 27-year-old Halifax auto mechanic, plans to gather a group on Sunday to compose letters of complaint requesting a judicial council sanction or remove Lenehan from his job. “We want an inquiry for his fitness for the position he holds,” she said during an interview.
“I think he lacks empathy and understanding for the issues he’s overseeing.”
MacIntyre said she was struck by a police constable’s testimony that Al-Rawi was seen shoving the woman’s pants and underwear between the front seats.
In addition, the court heard evidence that Al-Rawi’s pants were undone around his waist and his zipper was down. The woman’s wallet, purse and shoes were in the front passenger area, and her pants and underwear were tangled inside out and wet with her urine.
“If the kind of evidence that presented in this case is not substantial enough for a guilty verdict, then what is?” MacIntyre said.
She also argues the judge’s comments on consent go too far, and that a judicial council should consider “at a minimum” whether he should continue to hear sexual-assault cases.
In his decision, Lenehan had remarked the woman lacked any memory of what happened in the taxi, and he concluded his decision by saying: “What is unknown is the moment [she] lost consciousness. That is important.”
“It would appear that prior to that she had been able to communicate with others. Although she appeared drunk to the staff at [the bar] … she had appeared to make decisions for herself.”
The judge, while noting evidence indicated that Al-Rawi had removed the woman’s pants, said he didn’t know if Al-Rawi had done so with the woman’s consent.