The accused, a physiotherapist, was tried on one count of sexual assault arising from allegations that he touched a child complainant's vagina during treatment sessions.
The court applied the W.(D.) framework and the governing principles on assessing child-witness evidence, motive to fabricate, prior consistent statements, and reasonable doubt.
The trial judge found a strong motive to fabricate at the time of disclosure and identified material inconsistencies in the complainant's accounts about when the touching began, how often it occurred, and the nature of the contact.
In the context of the evidence as a whole, the Crown had not proven beyond a reasonable doubt that the accused committed the offence, and an acquittal was entered.
