‘Frailties’ in evidence significant, judge finds

Pair not guilty in human trafficking trial but former boyfriend guilty of assault

Justice Laura Bird has found two people not guilty of luring a minor into the sex trade and receiving financial benefits from her work in the sex trade.

In her ruling, read in the Superior Court of Justice in Peterborough on Thursday, Bird said there were many material inconsistencies in the complaintant’s evidence that rendered it unsafe to make a finding of guilt in connection to the human trafficking charges against both accused.

The pair was charged after the Peterborough woman reported to the Peterborough Police Service that she and her former partner moved to Toronto to live with her female relative in 2017.

At the time, the older relative was working in the sex trade as a dominatrix worker, court heard. The complainant, 17 at the time, told police that her relative coaxed her into the sex trade, and that both the relative and her former partner took the majority of the money she made, while her then-boyfriend also abused her.

Both the complainant and her relative testified during the judge alone trial in front of Bird.

“The frailties in her (the complainant’s) evidence are so significant that it cannot be relied upon beyond a reasonable doubt,” Bird said on Thursday.

That being said, Bird found the complainant’s ex-boyfriend guilty of assault but not guilty of choking her.

“I am satisfied beyond a reasonable doubt that the accused (name omitted) assaulted the complainant by striking her in the face.”

The names of the people involved are being withheld due to the risk of identifying the complainant.

A publication ban prevents publishing her name or any information that can identify her.

In her decision, Bird highlighted nine inconsistencies in the complainant’s evidence that were brought out by defence lawyer Philip Klumak during cross-examination.

“In addition to these inconsistencies, there were others of more

Justice Laura Bird said there were many material inconsistencies in the complainant's evidence that rendered it unsafe to make a finding of guilt

minor nature, which I have considered but not itemized,” Bird said.

“Further, there are aspects of the complainant’s evidence that I simply do not accept.”

Although the relative’s evidence was not perfect, Bird said, on the issues of substance, she found her evidence to be reliable.

As for the assault charge laid against the ex-boyfriend, Bird found him guilty based on pictures of the woman being bruised and testimony from her relative that she was distraught after the assault.

The ex-boyfriend will be sentenced on March 15.