The accused was charged with threatening death, threatening a justice participant, and breaching a bail condition by communicating with a complainant during a courthouse break while a sexual assault preliminary inquiry was ongoing.
The Crown alleged that the accused yelled a threatening phrase toward the complainant as he re-entered the courthouse.
The court found significant credibility and reliability concerns in the complainant’s evidence, including shifting accounts about her location, inconsistencies with surveillance video, and an implausible allegation of a subsequent in-court threat.
The supporting witness did not observe the accused speaking and relied largely on inference.
Considering the totality of the evidence, including surveillance footage and investigative gaps, the court concluded the Crown failed to prove the allegations beyond a reasonable doubt.
