Two accused were jointly charged on a fourteen-count indictment involving sexual assault, sexual assault causing bodily harm, making and possessing child pornography.
The offences were alleged to have occurred over more than two decades involving multiple complainants who were children of a family member of one accused.
The court considered a similar fact application by the Crown, ultimately dismissing the application with respect to two complainants whose evidence was found to be tainted by collusion and whose allegations of involvement by one accused were only disclosed after police informed one complainant of an unrelated assault on her child.
One accused pleaded guilty mid-trial to multiple counts involving child pornography and sexual assaults on two complainants.
On the remaining counts, the court found the first accused guilty of sexual assault on one complainant and guilty of two counts of possession of child pornography, while acquitting both accused of the remaining contested charges.
The court found insufficient credible and reliable evidence to establish beyond a reasonable doubt sexual assaults by the first accused on the other complainants, whose evidence was intertwined with collusion-tainted allegations.
