Crown drops sex assault charge in alleged rave rape

Case failed to meet standard of substantial likelihood of prosecution

The Crown dropped a sex assault charge Tuesday connected to an alleged rape at a rave in Pitt Meadows in September 2010.

The charge was stayed five days before Colton Ashton Mcmorris, 19, the only person charged with sex assault in the case, was due to go to trial.

The Crown initially approved the charge, which was laid in January 2011, on the basis that there was a substantial likelihood of conviction, but would not reveal Tuesday what has changed since then to cause it to drop the charge.

Crown spokesman Neil Mackenzie said the Crown entered the stay of proceedings after reviewing all the evidence and concluding there was not a substantial likelihood of conviction — the standard necessary to continue a prosecution.

“This case was assigned to an experienced prosecutor who conducted a thorough assessment of the available evidence and interviewed numerous potential witnesses,” he said.

“Having reviewed all the evidence currently available, the Criminal Justice Branch has concluded that there is not a substantial likelihood of conviction,” Mackenzie added.

“Crown took into account all the available evidence, including forensic evidence and evidence from individuals who were at the event in question,” he said.

“In all the circumstances of the case, it would not be appropriate for the branch to discuss the specifics of the potential evidence or issues that were considered, however the branch concluded the evidence does not support proceeding with the charge against Mr. Mcmorris.”

The rave rape incident involved a 16- year- old girl

This case was assigned to an experienced prosecutor who conducted a thorough assessment of the available evidence and interviewed numerous potential witnesses.

NEIL MACKENZIE

CROWN SPOKESMAN

and was allegedly watched by a group of young people.

One of them took a video of the incident, which was posted online by another person.

The teen who videotaped the incident was sentenced earlier this month in Port Coquitlam Provincial Court to 12 months of probation.

The youth, who cannot be named under the Youth Criminal Justice Act, pleaded guilty in December to making and distributing obscene material.

In addition to probation, the youth was required to write an essay about the dangers and abuses that can result if social networking is used without any thought, care, caution or diligence.

The essay was to include a letter of apology to the victim, who was devastated by the video being posted online and was forced to leave school after she was bullied.

Dennis John Allen Warrington, 20, of Langley still faces a count of production and distribution of child pornography.

His trial is expected next fall.